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The Study On Predicament And Outlet Of China’s Investigating Authorities’ Application To The Exclusionary Rule Of Illegally Obtained Evidence

Posted on:2014-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:J X WangFull Text:PDF
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With the implementation of the rule of law,"The country respects andsafeguards human rights" was written into the Constitution. It signified that ourcountry’s human rights cause has entered into a new historical stage. According todevelopment of criminal justice reform, our country has completed the revision of"Criminal Procedure Law" in March,2012. It explicitly stated that everyone couldnot be forced to prove their own guilty. Moreover, the exclusionary rule of illegallyobtained evidence was formally incorporated into legal provisions and the operatingprocedures was set up. Those make the rule rised from the rank of judicialinterpretation to that of national basic law. And it reflects that the progress of oursocialist legal system with Chinese characteristics in the proceedings of democracy、civilization. As the investigating authorities are affected by the traditional culturalvalues and the current status of social development and long-term investigationmode "From comfession to fact testification". That the investigating authoritiesmaladjust to the rule of illegally obtained evidence. It is so urgent to find the reasonsof problems and correctly apply the rule of illegally obtained evidence to achievesocial fairness and justice. Therefore, in this paper, the author begins with twoperspectives of theory and practice, and explores the deep meaning、 valueorientation、the main content of the rule of illegally obtained evidence. Then theauthor makes further analysis on achieving social fairness and justice and protectinghuman rights through the new "Criminal Procedure Law" and judicial interpretationof legislative provisions. On the basic of analyzing investigating authorities’ ownactual situation, the author proposes predicament and outlet of China’s investigatingauthorities’ application to the exclusionary rule of illegally obtained evidence.In addition to the introduction and conclusion, the paper is divided into three chapters. The first chapter introduces the concept、history、institutional value andlegislative evolution of the exclusionary rule of illegally obtained evidence and somespecific provisions about the exclusionary rule of illegally obtained evidence. Thesecond chapter analyses the predicament of China’s investigating authorities’application to the exclusionary rule of illegally obtained evidence by fiveperspectives. The last chapter proposes some relevant outlets of China’s investigatingauthorities’ application to the exclusionary rule of illegally obtained evidencethrough five aspects including: changes in the concepts of law enforcement、enhancing the level of law enforcement、specificating the behaviour of investigatingauthorities、improving enforcement mechanisms、Strengthening the communicationbetween procuratorial authorities and judicial authorities.
Keywords/Search Tags:evidence collection, illegal evidence, investigating authorities, protection of human rights
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