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Applicable Research On Illegally Obtained Evidence Exclusionary Rule In Corruption & Bribery Case

Posted on:2017-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:J J XuFull Text:PDF
GTID:2336330512954781Subject:Law
Abstract/Summary:PDF Full Text Request
The United States is the first country to establish the rule of illegal evidence exclusion, the rule has been the focus of controversy in the legal profession since the date of establishment. In our country, ZhangGuohui bribery case then kicked off the exclusion of illegal evidence in corruption and bribery cases. With the emergence of such cases in practice more and more, the corruption and bribery cases as illegal evidence is extremely easy to breed, the exclusionary rule of illegal evidence cannot be effectively carried out, and the exclusionary rule in China not only improve the comprehensive effect of deletion are closely related, also China is the concept of the criminal justice system and backward related cause the results of. Our criminal justice has been focused on the punishment of crime, neglect the protection of human rights, caused the judicial organ to disregard the exclusion of illegal evidence; the system design of public security three light weight with the restriction, procuratorial authority and cross exclusionary definition is not clear, and the practical application of exclusionary rule of illegal evidence in the misunderstanding in the operation of the exclusionary rule of illegal evidence can not be guaranteed. Based on the collected samples, this paper analyzes the application of the rule of exclusion of the illegal evidence in the case of embezzlement and bribery in our country. In America, Germany and other countries based on the exclusion of illegal evidence in the beneficial experience theory, from the reform of the judicial idea, perfect the relevant definition of illegal evidence exclusion, perfection of unprecedented anti-corruption efforts under the background of the judicial system of illegal card crimes cases according to the applicable rules of the rule to improve security rule science the efficient operation of illegal evidence.This paper is divided into three parts:In the first part, the author mainly discusses the relevant issues of the application of the rule of exclusion of illegal evidence in the case of embezzlement and bribery. In this part, we first analyze the types and characteristics of the illegal evidence in the case of embezzlement and bribery. The second part is the analysis of the existing problems in the case of the illegal evidence exclusion rules in the case of corruption and bribery. The third part, according to the above problems, the causes of the problem are analyzed. The fourth part, in view of the above problems and reason analysis of the application of the rule of exclusion of the illegal evidence in the case of embezzlement and bribery, and puts forward some suggestions to benefit the practice.In this paper, a case analysis method is selected for writing. Specifically, is the first from the China referee network case involving multiple extraction procedure of excluding illegal evidence in the case, and then select the part of the crime of bribery and corruption, a total of 204, and the species, the exclusion of illegal evidence in the 204 cases in the application to rule out other aspects of standardization analysis. This method is convenient and easy access to case information, without geographical restrictions, and can choose different angles on the comparative analysis of the case, deficiencies in the number of samples collected relative to the total number of cases of criminal cases occur each year is still less, but also not comprehensive coverage in practice all of the illegal evidence exclusion bribe case.At the same time, this paper adopts the method of literature research. After the commencement of new criminal procedure law, followed by the study lots of relevant provisions in the new criminal procedural law and the implementation of the literature, many of them on the exclusion of illegal evidence in the literature, therefore, through the study of the latest literature on the exclusion of illegal evidence, can also provide rich material and research of flash point for this thesis.
Keywords/Search Tags:Illegal Evidence Exclusion Rules, Corruption and Bribery Cases, Empirical Analysis
PDF Full Text Request
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