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Study Of Criminal Illegal Evidence Exclusion Rule Applicable Procedure In China

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Z LiFull Text:PDF
GTID:2266330428472976Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Applicable procedure of illegal evidence exclusion rule is the most important content of the illegal evidence exclusion rule, which focuses on the effective operation of the rule. Before the "stipulation for settling issues of excluding illegal evidence when in criminal case " jointly issued by the supreme people’s court, the supreme people’s procuratorate, ministry of public security, state security and the ministry of justice five ministries, most of the domestic academic achievements are concentrated on the theory study on evidence classification, exclusion range and the value of illegal evidence rule. After issued, Chinese scholars have great interest on the illegal evidence exclusion process, an unprecedented attention was paid to the programming of rules."Criminal Procedure Law of People’s Republic of China"(Short for "Criminal procedure law") stipulate new rules of illegal evidence exclusion procedure for our country, however, there are still some fuzzy problems and somewhere lack of operability, which needs to perfect. Applicable procedure settings will influence on the illegal evidence exclusion, only by setting a complete operating procedures, can achieve the filtering of illegal evidence, and avoid the adverse effect on the obligee caused by illegal evidence collection behavior. The consummates of our country’s illegal evidence exclusion rules application program in criminal has a reality urgency, especially in a social background when human rights protection consciousness increasingly intense, the illegal evidence exclusion rules applicable procedures shall be fully embody the value of the procedural justice and human rights protection.The article can be divided into four parts, namely, theoretical analysis of illegal evidence exclusion rules applicable procedures, the comparative perspective of illegal evidence exclusion program, current situations of illegal evidence exclusion program in our country and introspection on it, reconstruction of illegal evidence exclusion rules applicable procedures. The first part makes summary and analysis from value level of illegal evidence exclusion rules applicable procedures, and put forward several highlights kinds of value. The second part mainly introduces illegal evidence exclusion procedure system of major countries in two important legal systems, and makes comparative analysis on the body of initiator, the judgment, examination time, the burden of proof and the results. Hope to find a practical way to consummate our illegal evidence exclusion program by comparative investigation or reference of foreign advanced legislative cases. The third part mainly introduces the current situation of legislation for illegal evidence exclusion procedure, as well as finds the existing problems of our country’s illegal evidence exclusion procedure and the causes. The fourth part mainly introduces the consummate of illegal evidence exclusion rules applicable procedures. It aims at the existing problem of illegal evidence exclusion procedure in our country by learning from foreign legislative experiences, and propose some ideas in applicable procedure of illegal evidence exclusion rule from aspects as the initiator, review subject, trial mode&period.
Keywords/Search Tags:Human Rights Protection, Procedural Justice, Illegal EvidenceExclusion Rule, Illegal Evidence Exclusion Procedure
PDF Full Text Request
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