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Application Of The Exclusionary Rule Of Illegal Evidence In Criminal Cases

Posted on:2014-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:L B HuFull Text:PDF
GTID:2296330425979571Subject:Procedural law
Abstract/Summary:PDF Full Text Request
For quite longtime,the Difficulty of Excluding Illegal Evidence has been a majorobstacle for Chinese judicial practice departments. In order to solve the issue, manytheoretical researches and studies of law have been put on the solution of excludingIllegal Evidence by drawing lessons from foreign countries’ advanced systems.However, in recent years, the frequent cases of Illegal Evidence indicate that the issueof excluding Illegal Evidence has not been fundamentally handled.The Zhang Guoxi case, which has triggered huge influence in national country, isone of the most typical representative cases of excluding Illegal Evidence. In this case,although the court in the first instance boldly excludes the Illegal Evidence by quotingthe provision of the file on "the handling of exclusion of Illegal Evidence in criminalcases", jointly developed by the Supreme People’s court, the Supreme People’sProcuratorate, the Ministry of Public Security, the Ministry of State Security as wellas the Ministry of Justice.However, the court in the second instant overturns theprevious verdict. The inconsistent decision exposes that at present, it is difficult forthe judicial practice departments in China to effectively implement the provisions ofExcluding Illegal Evidence in reality.In view of the above problems, this paper will use case analysis and empiricalanalysis methods to discuss the case. First of all, this paper summarizes the maindisputes of the Zhang Guoxi’s Case and analyses the existing problems by referring tothe Chinese Criminal Procedure Law and the judicial interpretation formulated by theSupreme People’s Court and the Supreme People’s Procuratorate. Then, in view of theissues in case, the paper pointes out that Chinese current laws and judicialinterpretations of the provisions of the Illegal Evidence excluding rule indeed existfour main disadvantages and try to put forward some effective improvements andsuggestions to cope these issues, hoping to make some contributions to exclude IllegalEvidence in our country and do some help to the perfection of the Illegal EvidenceExclusionary Rule in judicial practice departments.Apart from the preface and the conclusion, the paper is divided into three parts,about18000words.The first part briefly introduces the basic information about the case of Zhang Guoxi and concludes four major dispute points involved in this case:(1) Whether thecase is related to Defective Evidence or Illegal Evidence;(2) Whether IllegalEvidence obtained through form of torture should be excluded or not;(3) Whetherinvestigators should testify in court or not;(4) Whether the court has the right to solvethe Illegal Evidence dispute in trial.The second part aims at analyzing the existing problems in the case from thepoint of view of the evidence and discussing the main disputes of the case combiningwith China’s current laws and judicial interpretations. First,it is a huge mistake for thecourt to regard the Illegal Evidence as Defective Evidence; Second, the court in thefirst stance should exclude the Illegal Evidence in response to the Criminal ProcedureLaw; Third, the investigators have the obligations to testify in court; Last but not least,the court should not exclude the Illegal Evidence in trail.On the basis of the second part, the third part sums up four main disadvantagesof the provisions of the Illegal Evidence elimination in China’s current regulations andjudicial interpretations from the point of view of legal theory and judicial practice. Inthe definition, our country’s laws have not differentiated the distinguishes between theIllegal Evidence and Defective Evidence; In the range, our country’s laws limit themeans of Illegal Evidence and lack of clear judgment standard. In the procedure, ourcounty’s laws do not regulate the legal responsibility of the investigators on notappearing in court to testify. In the institution, it is not reasonable to allow the court toinvestigate and confirm whether the evidence is legal or illegal. In view of the abovefour disadvantages, the author attempts to put forward some improvements andsuggestions, including establishing defects evidence conversion system, enlarging therange of Illegal Evidence, perfecting the testified system of the investigators beforethe court and evidence review system in our country, hoping to contribute a little tosubstantially exclude the Illegal Evidence.
Keywords/Search Tags:Exclusionary Rule of Illegal Evidence, Illegal Evidence, Defective Evidence, Case Analysis
PDF Full Text Request
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