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Research On The Illegal Exclusionary Rule Of Witness Testimony In The Law Of Criminal Proceedings

Posted on:2015-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:R F XuFull Text:PDF
GTID:2296330434953959Subject:Law
Abstract/Summary:PDF Full Text Request
Illegally obtained can be used as the basis for final witness’s testimony or not is an important embodiment of lawsuit values. Criminal procedure law of our country has preliminarily established the exclusion rules of illegal testimony of witnesses. First of all, this article introduces the rules of illegal testimony of witnesses to exclude in domestic background, the study found that the legislation is still flawed, making the excluding effect not so ideal. Secondly, this article analyzed related concepts of eliminating rules of illegal testimony of witnesses, it is not hard to find that the connotation and denotation of illegal testimony of witnesses is vague; Through analyzing the current legislation situation of eliminating rules of illegal testimony of witnesses, the form of illegal testimony of witnesses can be summarized as which is obtained by violence or threat, by seducing or cheating methods to collect evidences, in violation of the basic procedures to collect, collecting testimony these four aspects to other methods. From analysis on the law system to explore the specific judicial operation and existing problems, pointing out that the cognizance of illegal testimony of witnesses is the key to accurate division of the scope of the enticement; In death penalty cases, violation of legal evidence collection procedures obtained testimony of witnesses also will be ruled out. Then proving that the current rule out mode standard and giving the solution of special relief way on how to rule out illegal testimony of witnesses, how to separate out and correct. Finally, this paper studied on Anglo-American law system and continental law system countries in legislation and judicial practice in different processing methods, aims to combine China’s specific national conditions, absorbing excellent foreign research results, proposing that we should establish and perfect in the legislation system, getting rid of illegal testimony of witnesses and security system and establishing the relevant rule of primary ideas and suggestion that are put forward.
Keywords/Search Tags:illegal Evidence, witness testimony, evidence of violence
PDF Full Text Request
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