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A Legal Analysis Of The Bribery Case Of Zhang Guoxi

Posted on:2015-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HanFull Text:PDF
GTID:2266330431952198Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The paper reflects on the exclusionary rule of illegally obtained evidence of the bribery case of Zhang guoxi, according to the analysis of existing law, analyzing the current researth of exclusionary rule of illegally obtained evidence at home and abroad.This paper takes "the first case of exclusion of illegally obtained evidence" as an example,analysising the crime of averting bribes of Zhang guoxi,and the related issues caused by this case has been expounded. Thus analyzing the exclusion of illegally obtained evidence of the case legally and theoretically,thinking related issues, and putting forward to the countermeasures and proposals.In particular, the artical carries on the construction from the following three parts:The first chapter, mainly expounds this case’s basic case, the bone of contention and the conception of related question. That is how to identify the conduct of the defendant which takes property. In this case, whether the defendant’s act install the clime of illegal and criminal is the main unit or individual; in the case, whether the exclusion of illegally obtained evidence constitute the question of legislation in our country.The second chapter analysis and debate the related issues which the first chapter aimed by the case and theory. The first section has affirmed the evidence procedure of averting bribes, and obtaining the behavior of the defendant constitute clime through the analysis. The second section has analysized the application of procedure of illegal evidence’s exclusion in this case, and defining corrected evidence of effectiveness.By the way of the analysis of the above-mentioned issues, the third chapter raises the proposal of solving the illegal problems.
Keywords/Search Tags:averting bribes, illegally obtained evidence, analysis, the countermeasures andproposals
PDF Full Text Request
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