Font Size: a A A

Criminal Illegal Evidence Exclusion Rule Of China

Posted on:2014-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Illegal evidence exclusion rule for effective protection of human rights in criminal proceedings, which restricts the power is of great significance.It is an important institution of criminal proceedings. Illegal evidence exclusion was first originated in the United States, was later adopted by many countries in the world. Our legislators did not attach importance to the legislation of illegal evidence exlusion.The clear legal instrument of illegal evidence exclusion including specific content and procedures determined after the introduction of the two instruments of "on the handling of criminal cases of illegal evidence exclusion of certain issues" and the "judgment on the handling of death penalty cases review the evidence of certain issues" until 2010.These legal instruments indicates that China’s criminal justice system develop further democratization and legalization.This paper discusses the four parts of Criminal Illegal Evidence Exclusion Rules. The first part is the criminal proceedings exclusionary rule overview. The second part is a few typical country illegal evidence exclusion. The third part is to establish the rules of criminal illegal evidence exclusion necessity and legislative status quo. The fourth part is on Illegal Evidence Exclusionary Rule perfect.The first part introduces the Criminal Illegal Evidence Exclusion Rules History and of the "illegal evidence" meaning, content, features, classification. On the exclusionary rule are discussed, we must first understand the "illegal evidence" and make a distinction of "unlawful" and "illegal".Then,we must understand the means of "exclude". Secondly, discusses the major categories of illegal evidence: Illegal verbal evidence, physical evidence illegally and derived evidence.The second section describes several typical country illegal evidence exclusion. The United States is the birthplace of the exclusionary rule, exclusionary rule mainly applies to criminal proceedings against the police violated the proceedings to collect evidence be excluded. The "fruit of the poisonous tree" exclusion, the United States is to be excluded in principle, but provides a lot of exceptions. English form through statute provides exclusionary rule, the judge exclude illegal evidence exclusion or have discretion. German legal culture and tradition is more emphasis on substantive justice, only when the illegal collection instruments endanger the suspect or the accused’s fundamental rights such as the right to life and health will be excluded when, or by the judge discretion. Japan through illegal means to obtain the absolute exclusion of testimonial evidence collected, and the physical evidence of illegal or otherwise excluded by the judge discretion.The third part is to establish the rules of criminal illegal evidence exclusion necessity and legislative status quo. Of establishing the exclusionary rule is to protect human rights and achieve procedural justice, and to maintain the integrity of the legal system with the world standards of justice require. At present, our Constitution, the provisions of criminal law and criminal procedure slightly involved in illegal evidence exclusion content, only the judicial interpretation of the relevant departments of illegal evidence exclusion content to make specific provisions.The fourth part is on Illegal Evidence Exclusionary Rule perfect. This section discusses four aspects Exclusion of Illegal Evidence in Criminal perfect: First, improve its scope; Second, improve its applicable procedures; Third, improve its burden of proof and standard of proof; Fourth, improve its supporting systems.
Keywords/Search Tags:Illegal evidence exclusion, exclusion range, standard of proof, burden of proof, The supporting system
PDF Full Text Request
Related items