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A Study On The Scope Of Exclusionary Rule In Criminal Procedure

Posted on:2015-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2296330434453012Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The primary problem of applying the exclusionary rules of illegal obtained evidence is the accurate cognizance of the exclusionary range in judicial practice. The exclusionary range should be identified on the basis of abroad mutual experience and actual condition in China. Besides, the identification of exclusionary range should properly handle the relationship between crime punishment and human rights protection from the point of actual situation in China.According to the reality of China, one rule of illegal evidence exclusion is unsuitable to all. Thus, the violation of voluntary principle should be regarded as the criterion to exclude illegal testimonies. As for the illegal physical evidence, the principle of interests balance should be used as the measurement. However, all illegal evidence must be eliminated if they are against the Constitution of People’s Republic of China. Any corrections or reasonable explanation are not allowed. Each country has its own unique legal culture, structure of litigation and judicial practice. Currently, with the gradual development on the concept of human rights in society, we should adhere to not only guaranteeing the basic human rights, but also controlling major illegal behavior, and to playing their respective advantages to the full. The equilibrium point between entity justice and procedure justice should be pursued.
Keywords/Search Tags:Illegal evidence, Current legislation, Exclusion range, Exclusion of evidence
PDF Full Text Request
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