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Analysis Of The Exclusion Of Illegal Evidence From The Perspective Of Criminal Procedure Law In China

Posted on:2016-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:D L XieFull Text:PDF
GTID:2296330482965840Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence System of Criminal Procedure, the exclusionary rule is a very important part, but also to punish the crime, it is important to weigh the product of human rights protection, it is to show the reality of the conflict over judicial proceedings and the realization. In the Code of Criminal Procedure, the main purpose of exclusion of illegal evidence the system is to safeguard human rights, it is not only the average citizen in order to prevent unfair treatment of justice, but also to ensure disadvantaged groups are not suspects being treated unfairly.From the perspective of the Criminal Procedure Law, the well-proven "illegal evidence", based on the system of illegal evidence exclusion detailed exploration, paper is divided into six parts:The first part of the illegal evidence exclusion system for a simple overview, the first definition of illegal evidence is analyzed, and described the illegal evidence from the perspective of broad and narrow excluded; secondly introduced to establish the rule of illegal evidence discharged from illegal evidence exclude historical starting to explore the establishment of the system of illegal evidence exclusion process; furthermore analyzed the system of illegal evidence exclusion connotation, and finally the value of the illegal evidence exclusion system is described in detail.The second part of the illegal evidence exclusion laws and the legal basis were introduced, starting with the Criminal Procedure Law, the judiciary, international law, "two pieces of evidence" and analyzes the legal basis of illegal evidence exclusion, followed by the protection of human rights theory and procedural justice theoretical point of view of the legal basis of illegal evidence exclusion.The third part describes the illegal evidence the United States, Germany, Japan and other countries to exclude system, and the international system of illegal evidence exclusion were compared, with a view to improve the system of illegal evidence exclusion provides the appropriate reference.The fourth part of our academic debate on illegal evidence exclusion system, respectively, from the real affirmed that principle to exclude that say completely excluded perspective on the attitude of the academic system to exclude illegal evidence.The fifth part of the new Criminal Procedure of illegal evidence exclusion rules, analyzes the illegal evidence exclusion transformation system, followed by the illegal evidence exclusion procedures were studied. Finally, illegal evidence exclusion modes in detail.The sixth part describes the illegal evidence exclusion and improve the proposed system deficiencies, current evidence exclude the presence of illegal audio and video recordings relevant provisions of the legislation defect systems, investigation of illegal conduct oversight mechanisms are inadequate, may not be compelled self-incrimination lack of related systems and other issues, Therefore, we proposed legislation to improve the whole audio and video recording system, perfected the judicial legal supervision mechanism, improve self-incrimination and other relevant laws and proposals to ensure that our system of illegal evidence exclusion perfection, and scientific.
Keywords/Search Tags:Criminal Procedure, illegal evidence exclusion system, exclusion, current legislation, perfect proposal
PDF Full Text Request
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