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Limited Exclusion Of Successive Confessions In China

Posted on:2016-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Successive confessions maybe the confessions affected by the illegal way of obtaining evidence, which are not be restrained by the exclusionary rule of illegally evidence. It is based on the legal evidence materials as it appeared, but hard to part with the unlawful means used before. If the confessions mentioned can not be ruled out, those rules will undoubtedly become a mere scrap of paper. Furthermore it can not curb the drawbacks arisen in the Inquisition by torture of the present Criminal Procedural Law. Therefore, establishing the exclusionary rule of the successive confessions can improve the existing exclusionary rule of evidence and can also avoid the evidence of improper words.This article is divided into four parts. The first part is an overview of the successive confessions, elaborate the concept as well as express how to identify, meanwhile, analyze the characteristic of it. The second part is the balance and limited exclusion of the successive confessions, balance the positive effects against the negative aspects in the Criminal Procedural Law, then question the ability embeded in some part of the successive confessions, and point the exploration of the limited exclusion. The third part is the basis and construction. The author puts forward the main elements effecting the limited exclusion of the successive confessions by theoretical analyzing. The fourth part is the implementation plan of the limited exclusion of the successive confessions in our country, discusses the startup procedure态elimination method and relief measures, and also point out the obstruction and realistic dilemma.
Keywords/Search Tags:Successive Confession/ Limited Exclusion / Illegal evidence/Rule
PDF Full Text Request
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