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The Application Of Illegal Evidence Exclusion Rules In Criminal Litigation

Posted on:2017-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y WeiFull Text:PDF
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The birth and development of the illegal evidence exclusion rule is closely connected with the conflict between the fight against crime and the human rights protection. It has the social value of human rights protection and legal value to balance the entity justice and procedure justice value of law. Clearly define the meaning of the illegal evidence exclusion rule would help us use it correctly the judicial practice. Analysis of the problem we meet in investigation practice for the illegal evidence exclusion rule would have important guidance for the improvement of investigation tactics adjustment and the construction of the relevant laws and regulations. In this paper, it is divided into four chapters.Chapter one:The basic theory of illegal evidence exclusion rule. Explain the meaning of illegal evidence exclusion rule from the concept of "illegal", "evidence", "the illegal evidence exclusion ", understand the main function of illegal evidence exclusion rule and analysis the values if it. Analysis the exclusion rule and reasons of the difference of illegal words evidence and illegal physical evidence with the study of illegal evidence exclusion rule.Chapter two:The investigation procedure of illegal evidence exclusion rule. With the understanding of main characters of illegal evidence exclusion rule investigation procedure in western countries, study the chinese i investigation procedure under the civil law litigation mode and understand the meaning.Chapter three:the reality problem of Illegal evidence exclusion rule. It enhances the investigation difficulty, and reveals the problems in practice. Evidence get from traditional investigation method is facing exclusion. The lagging modern scientific investigation techniques can not deal with serious crime situation. It indicates that we need to adjust the Detection strategy to enhance physical evidence collection and decrease the dependence of word evidence.Chapter four:Detection strategy adjustment and institutional innovation under "exclusion rule". Adjust detection strategy from Strictly controlled investigation of interrogation and development of science and technology strong police strategy to solve the reality problem with illegal evidence exclusion rule. Optimize relative laws and regulations to make up for the negative results of illegal evidence exclusion rule, and explore to establish the confidential system of Criminal Science and Technology and Sanctions system of false confession...
Keywords/Search Tags:Illegal evidence exclusion rule, against criminals, protection of human rights, investigation strategy
PDF Full Text Request
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