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Consideration On Perfecting Duty Crime Exclusionary Rule

Posted on:2016-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Z YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since the implementation of the exclusionary rule of illegally obtained evidence, for the exclusion of illegally obtained evidence, the protection of human rights of criminal suspects to curb illegal evidence has achieved some certain effects, but in the duty crime cases, the illegal evidence exclusion in the operation effect is not ideal. in the duty crime cases, illegal evidence exclusion rules can not be effective is the result of combined effects of our criminal justice concept and the unreasonable design of the system, field of criminal justice has been focused on the punishment of crime, protection of human rights in contempt, resulting in the Judicial indifference about exclusion of illegal evidence;the cross prosecution powers,the narrow range of illegal evidence exclusion,the lack of discipline procedures and mechanisms Judicial Procedure and the absence of illegal evidence exclusion rules apply procedures led to the exclusionary rule can not be guaranteed to run. China should learn from the United States, Germany and other countries with regard to illegal evidence exclusion theory advanced experience, from the concept of judicial reform and improve the scope of the exclusion of illegal evidence, the specification of power mechanism to speed up the national anti-corruption legislation, the establishment of the center of the trial proceedings and other aspects of the crimes committed by illegal exclusionary conduct operational improvement, protection of the exclusionary rule scientifically efficient operation.
Keywords/Search Tags:The exclusionary rule of illegally obtained evidence, The duty crime, The protection of human rights, Illegal evidence, Judicial philosophy, Procedural fairness
PDF Full Text Request
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