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Illegal Evidence Exclusion Rules Of Construct

Posted on:2015-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhangFull Text:PDF
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The illegal evidence exclusion rules have been incorporated in the Criminal Procedure Law in 2012 following the “ illegal evidence exclude rules” and “rules of evidence in death penalty”. It symbolizes that we have established criminal evidence rules in the form of legislation which can achieve protection of human rights, limiting police forensics and maintenance of judicial authority. Although the Supreme People’s court and the Supreme People’s Procuratorate has been promulgated judicial interpretations, which further interpret and rule the application of Exclusion Rules of Illegal Evidence,Whether the Exclusion Rules of Illegal Evidence can play the legal effect of legistration intended to exclude illegal evidence,it depends on whether it meets the proper standards of illegal evidence exclusion procedure, and to construct a series of scientific, systemic, perfect system.The first part is the summary of illegal evidence exclusion rules.“Evidence exclusion”,“exclusion” and “illegal evidence exclusion rule”is defined by generalizing and direct comparing. And the author Inducts and abstracts the value and function of illegal evidence exclusion rule about protection of human rights and preventing the police illegal evidence. But, we can not exclude collecting evidence against law. This is due to lacking of detailed elgal norms,more than that, it is the concomitant of presumption of guilt and the heavy entity light procedure.The second part is the reconfirmation of illegal evidence. This paper interprets the law and defines the scope of illegal evidence as for illegal oral evidence and Illegal physical evidence, at the same time, the author makes a comparative study on “fruit of the poisonous tree”. Determination of illegal evidence means, the ones causing direct physical persecution and mental persecution to the criminal suspect and the defendant such as use torture to coerce a statement shall be exclusively excluded, the ones obtained by appropriate and rational ways of “threat”, “allure” and “cheat” within the scope of law shall be considered as admitted evidence, and the ones obtained by ways of “threat”, “allure” and “cheat” beyond the scope of law shall be excluded; constitute a violation of legal procedure of evidence means, that is,Serious violation of legal procedure act shall be exclusively excluded, general collecting evidence against law is admitted through the correction.The third part is Illegal evidence exclusion method. Verbal evidence obtained illegally should adopt statutory preclusion mode from the perspective of jurisprudence and the purpose of the illegal evidence exclusion rules,combined with western countries excludingmethod, verbal evidence by general violating administrative procedure and rectifiable evidence should be discretionary exclusion.The fourth part is the procedure for illegal evidence exclude, including entity,start, review,processing, and the relief procedure. Our country started relatively reasonable, but the rationality of public prosecution organ as the subject is being questioned and it is irrational to examine public prosecution function as legal supervision organ. Further, the witnesses and victims should be given the subject qualification under the law for nitializing the exclusion of illegal evidence. Then, the subject should be liable for“The responsibility of claims”, the prosecuting party has burden of proof. The author thinks, the standard of proof is appropriate for stand of testification. The ascertained illegal evidence should be adjudicated, Meanwhile,the unascertained illegal evidence should start the relief procedure by appael and counterappeal.Based on our country’s existing laws and regulations and the existing problems of the legitimate standards, combined with the due standards of excluding illegal evidence procedure, the author studies and analysis of specific problems mentioned above in-depth, and puts forward some concrete measures for constructing and perfecting the Exclusion Rules.
Keywords/Search Tags:Confirming Illegal Criminal Penal Evidence, Exclusive Approach, Exclusive Procedure
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