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Discusses The Criminal Illegal Evidence Exclusion Rule

Posted on:2015-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LiuFull Text:PDF
GTID:2296330467976765Subject:Law
Abstract/Summary:PDF Full Text Request
The exclusionary rule is a rule of evidence generally recognized in the worldtoday, China is the procedural law is a very important rules, to standardize thelawenforcement and litigation parties in accordance with the law of evidence,ensurethe litigation procedure justice, protecting the legitimate rights and interests of acitizen, is of great significance. For China, the exclusionary rule of illegally obtainedevidence whether in theory or in the judicial practice have achieved consensus. Butdue to lack of forward-looking legislation and legal definition is too broad, and theinfluence of China’s traditional ideologicalemphasis on combating crime in criminalproceedings, selectively ignored the protection of human rights, coupled with ourjudicial personnel lack the corresponding professional knowledge andtheoretical attainments and therule is in practice a lot of resistance the importanceof this, will have to ask usto further the importance of the exclusionary rule ofillegally obtained evidence. Of our country’s criminal procedure law in March14,2012, the eleventh session of the Fifth National People’s Congress wasmodified,expressly provides for the exclusionary rules of illegalevidence exclusion,embodies the spirit of the criminal illegal evidence in litigation.
Keywords/Search Tags:illegal evidence, defect, perfect
PDF Full Text Request
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