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The Theory Of Illegal Evidence Litigation Supervision And Legal Application

Posted on:2014-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:S L WangFull Text:PDF
GTID:2256330425461852Subject:Law
Abstract/Summary:PDF Full Text Request
Illegal evidence especially torture has always been a problem in countries of criminal justice, not only violate the procedural justice, but also hinder the realization of entity justice and the guarantee of human rights.The reason of the long-term existence of the illegal evidence collection behavior should be various, both associated with deep-rooted thought of "presumption of guilt", and the imperfect tion of legislation and the lack of effective supervision. Our country hasnot established a relatively perfect and reasonable rules of the illegal evidence exclusion. On the basis of the illegal evidence exclusion rules of the Anglo-American law system and the continental law system, our country made great changes in2012and constructed the illegal evidence exclusion system, supervising the illegal evidence collection behavior. This paper learns from illegal evidence exclusion rules of foreign countyies and studies the legislation evolution of illegal evidence collection in our country.In the perspective of the new criminal procedural law and illegal evidence exclusion rules,this paper discusses the procedural supervision and application of law of the illegal evidence collection on the basis of the necessity and urgency of the litigation and supervision of illegal evidence collection.
Keywords/Search Tags:Illegal collection of evidence, Procedural justice, The exclusionary rule of illegallyobtained evidence, Litigation and supervision
PDF Full Text Request
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