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Research Of Ilegal Physical Exclusionary Rule

Posted on:2016-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q R HuFull Text:PDF
GTID:2296330461452804Subject:Litigation
Abstract/Summary:PDF Full Text Request
In the new criminal procedure law of our country which promulgated in2012, our country’s illegal evidence exclusion rule in the criminal procedure law was determined finally. The establishment of the illegal evidence exclusion rule in our country shows that we pay more attention s of the human rights protection in our criminal law.However, all regulations are not perfect, as well as the Chinese criminal procedural law. Now, this law has been implemented for almost three years. The defect of this rules finally arises. This paper is focusing on the rule of excluding illegal evidences.There are four sections in this article:In the first part, I introduced the definition of the concept of the physical evidence of illegal evidences. And then I introduced the admissibility of the evidence.After that, I explained the relationship between them in order to analysis the purpose of the rules of the physical evidence of illegal evidences.In the second part, I analysed the differences between the countries of Anglo-American law system and The continental law system the physical evidence of illegal evidences for bringing us some enlightenment.In the third part, I pointed out the problems in our country of the physical evidence of illegal evidences with the analysis of why it comes.In the fourth part, I finally find the way to deal the problem that our country’s the physical evidence of illegal evidences in the near future and in the long-term.
Keywords/Search Tags:The physical evidence illegally, Eliminating rules, Human rights protection, Perfecting the legislation
PDF Full Text Request
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