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The Exclusionary Rule Empirical Analysis Of The Use Of The Trial

Posted on:2014-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:B XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The adoption and development of exclusionary rules for illegal evidence hasconsiderably impacted the criminal justice worldwide. Having taken root in mostjurisdictions under both common law and civil law traditions, they have becomeinternational practice for criminal proceedings. Introduction of such rules to theChinese system is not only needed for the protection of human rights and the sanctityof the rule of law, but also essential for the enhancement of judicial fairness and thediscovery of substantive truth. The criminal procedural law and judicialinterpretations have provided for exclusionary rules. However, such provisions arerather general, broad, and unspecific, and thus fall short of the requirement of the ruleof law and a modern criminal system. In trial practice, the exclusionary rules operatein China merely as theoretical declarations, as a result of the lack of systemicsafeguards and respect for such legal values as fairness and justice. In this paper, theauthor recognized the importance of such rules in China, discussed the operation ofthe exclusionary rules in trial practice, and offered thoughts on the criteria for findingillegal evidence, the elaboration of exclusionary rules, the clarification of burden andstandard of proof, and exceptions to the rules, with a hope to contribute to thedevelopment of criminal procedural law in China.
Keywords/Search Tags:Illegal evidence, Model of exclusion, Exclusionary procedures, Burden of proof, Standard of proof
PDF Full Text Request
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