Font Size: a A A

The Research Of The Exclusion Of Illegal Evidence In Criminal Proceedings

Posted on:2015-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhouFull Text:PDF
GTID:2266330428482210Subject:Law
Abstract/Summary:PDF Full Text Request
The code of the exclusion of illegal evidence in criminal proceedings is a very important rules of evidence. It play a important role at strengthening the protection of human rights, limiting the abuse of power effectively and maintaining the interests of justice in practice. Illegal Evidence in Criminal Proceedings have been excluded from a hundred years of history, but because of different social backgrounds of countries, institutions and criminal background values, etc. the treatment of illegal evidence on procedural law, different law practice countries not the same, even in countries in the same law practice, the principles also have differences. China has also been research on this rule. In2012, the new Criminal Procedure Law also provides for the exclusionary rule, which for justice serious situation in practice torture, will undoubtedly play a positive role. But even so, some question exists in the theory and judicial practice. The relevant provisions of " corrections " and "the reasonable interpretation ", etc., seem to leave the leeway. So, I think it is necessary to correcting the shortcomings of the code of the exclusion of illegal evidence in criminal proceedings in the theory and judicial practice.The appearance of the exclusion of illegal evidence in criminal proceedings is a progress in China’s Criminal Procedure Law and the rules of criminal evidence. It will have great significance for promoting criminal justice reform. The nature of the exclusionary rule itself combines the evidence with the protection of human rights and the interests of justice closely,conforming to the trend nomocracy thinking. The Code of the exclusion of illegal evidence in criminal proceedings is not comprehensive and clear,to establish reasonable code of the exclusion of illegal evidence based on China’s national conditions is very important. Existing problems mainly reflected in:the definition of illegal evidence is not clear and the supporting enforcement measures need to be further improved and so on. Therefore, this article will find the shortcomings of the code of the exclusion of illegal evidence in criminal proceedings in the theory and judicial practice, to improve the code better.
Keywords/Search Tags:Criminal litigation, illegal evidence, legislative perfection
PDF Full Text Request
Related items