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Study On The Reasonable Construction Of Exclusion Rules Of Illegal Evidence In Our Country

Posted on:2017-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y P LiuFull Text:PDF
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Evidence plays a very important role in criminal procedure activities, it can be said that the entire proceedings is hardly to advance without evidence, it has played a very crucial role in conviction and sentencing for the determination of the facts about the case. One of the most important procedural problems for substantive justice is the effectiveness of evidence.Because it not only involves the judicial justice,but also has the vital significance to realize the procedural justice and to protect the human right.It exists in the whole process of litigation stage.The new criminal procedural law establish the illegal evidence exclusion rule from the perspective of legislation.On one hand,it highlights the determination to correct the illegal evidence which arise during the process of investigation. On the other hand, it also reflect the change of lawsuit value concept and attaching great importance to human rights.Though illegal evidence exclusion rule has been around for years, but the actual effect is not satisfactory.The present legislation still has a lot of concept which is not exactly and perfect., so it cannot be a good guide of the illegal evidence exclusion.In judicial practice,it cause some problems such as excessive judge discretion.In addition, the value of highlighting entity and despising procedure and the unreasonable appraisal system also encourage the illegal behavior of some investigators to a certain extent.For the purpose of speeding up the investigation, the phenomenon of infringing on lawful rights and interests of defendant happened sometimes.It damaged the judicial authority and undermines the credibility of the law to a great extent, and it is contradicted to the concept of building socialism country. Based on China’s current legislative and judicial status, I analyze the problems briefly in the illegal evidence exclusion rule.The author of this paper has carried on the comparative study and empirical study on these problems,trying to construct the chinese illegal evidence exclusion rule which has its characteristics,we should improve various measures to give full play to this rule in order to benefit practise.The thesis is divided into four parts,a total of twenty thousand words:Chapter one:This chapter mainly expounds the concept of illegal evidence and the defect evidence which is easily confused with it.Define the meaning of illegal evidence from a broad sense and narrow sense.Introduce briefly the historical evolution of the illegal evidence exclusion rule and the institutionalization process in our country.Chapter two:This chapter discussse mainly about the rules in Chinese present situation of legislation and judicial application.At the legislative level, I pointed out the obstacles and defect existing in the current legislation in our country from the aspect of the range, the subject and prove standard.In the judicial practice, I pointed out the drawbacks and further points out the causes of these problems from the aspects of investigation, prosecution and trial operation mechanism.Chapter three:This chapter mainly investigate the current situation of the other counrries about this rule.By comparing the main countries of the common law system and continental law system,I summarize the rules which is not mature.Draw lessons and advantages from western countries about some procedural justice concept.At the same time, based on the situation of our country, I rule out some perfecting suggestions combined with the provisions of the current criminal procedure law of our country.Chapter four:This chapter is the key of the thesis chapters,it is also the focus of proposition about the exclusion rule.Aiming at the problem of the second chapter,I put forward some related advice from the legislative and judicial aspect.Based on it,I proposed guiding principles of the illegal evidence exclusion rule in our country.In addition,the good operation of the rule also need other supporting system to cooperate and coordinate.The author put forward some new ideas about the authentication mechanism in court, the court before the meeting, etc.
Keywords/Search Tags:illegal evidence, exclusion, extort confessions by torture, judicial precedent, authentication at court
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