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Illegal Words Evidence And Clear

Posted on:2014-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:H T KongFull Text:PDF
GTID:2256330425976032Subject:Law
Abstract/Summary:PDF Full Text Request
Illegal oral evidence exclusion system did not focus on the facts, but rather on the"investigation behavior". How can we understand that the oral evidence reflecting the truthcan not be the basis for deciding? The key words should be in the "illegal concept".Before the appearance of the illegal evidence exclusion system, those oral evidences thatreflect the facts can be used to prove the facts of the case. So far, there are many scholarsadvocate illegal oral evidence exclusion system is based on the theory of " saying the truth ".However, a illegal concept on the oral evidence has never been focusing on the facts of thecase, but on the sacrificing truth for achiving other purposes. For the common law countries,they believe that the theoretical basis of the illegal evidence exclusion system is to curb policeviolating the due process. However, for the civil law countries, they believe that everycitizen’s equal personality constitutes theoretical basis to develop the illegal oral evidenceexclusion system.China can not adopt the practice of common law countries, but should adopt " thesupremacy of personality protection" developed from the civil law countries as the theoreticalbasis of the illegal oral evidence exclusion system.
Keywords/Search Tags:oral evidence, illegal concept, empirical analysis, the supremacy ofpersonality protection
PDF Full Text Request
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