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Necessity And Feasibility Studies Of The "Fruit Of The Poisonous Tree" Rule Of Confession

Posted on:2016-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:D Y AnFull Text:PDF
GTID:2296330464953026Subject:Law
Abstract/Summary:PDF Full Text Request
"Fruit of the poisonous tree" theory established in the case of the United States, the judicial practice in the United States has become a mature theoretical system. While most of theorists who agree with and support the introduction of this theory, but our newly revised "Code of Criminal Procedure" did not apply for leave space theory. However, the Criminal Procedure Law and other words on the confession evidence "lenient" established stricter illegal evidence exclusion criteria. In the current study, the world for confessions of "fruit of the poisonous tree" theory point of view and the process varies, in many countries, although useless name "fruit of the poisonous tree", but its creation of the exclusionary rule and the "poisonous tree fruit " theory gist similar. In recent years, Chinese scholars have advocated to solve the problem of facing criminal proceedings by introducing the practice of "fruit of the poisonous tree" theory, the author wants to use the experience of previous studies summarized in this article, based on reality, on the "fruit of the poisonous tree" problem statements put forward their own ignorance Discussion and insights.
Keywords/Search Tags:Fruit of the poisonous tree, Confessions, Illegal evidence exclusion, Criminal proceedings, the Procedure
PDF Full Text Request
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