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The Research On The Important Unsolved Problems Of Illegal Verbal Evidence

Posted on:2018-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:S B LiFull Text:PDF
GTID:2336330512995451Subject:Law - Law Shuo
Abstract/Summary:PDF Full Text Request
Most of the criminal case,the victim statements,witness testimony,the defendant confession and defense is the core and key to solve criminal cases,is also an important part of the evidence system.Therefore,the collection and application of evidence is particularly important,because it relates to the suspect,whether the defendant constitutes illegal facts are the judge may lead to misjudgment of the truth of a case,it is necessary to good words.Evidence of 2012 until the beginning of the new criminal procedure law from 2010 two evidence rules,criminal procedure law of our country formally introduced the exclusionary rules of illegal verbal evidence,of course,excluded from the list of illegal words.The word refers to the evidence in criminal proceedings without legal procedures,as obtained by lexical category words evidence was inadmissible.Evidence of illegal words acquired legally invalid,and the implementation of the illegal evidence collection behavior people will therefore bear legal responsibility.Aiming at the problems in the real evidence appear in the case,not perfect in the present law of evidence under the circumstances,in order to reduce because the inquisition by torture or illegally obtaining the testimony of witnesses and leading to the occurrence of a crime,it is necessary to clear the illegal evidence limits as well as the development trend of illegal evidence to find a rule a,therefore,it is necessary to permit words According to the rules.This artical mainly uses three chapters to explore China's criminal illegal evidence from difficult problems.The first chapter is starting from a real case to explore the evidence in practice is to be judged by the judge,and the adoption of both parties in words,the strength of the evidence is how to prove that and consolidate the verbal evidence,difficult questions for the discussion below verbal evidence in the process of operation and the reasons for bedding.The second chapter is combined with the scope of evidence in China and the current operating mode of verbal evidence in China exposed problems and by the analysis of why this problem.Through the this Some anatomical analysis problems,to improve the third chapter proposed the specific and targeted suggestions.The third part is Chinese from the actual situation,on the previous questions,construct the advanced system of combining foreign related evidence,further to find out the suitable specific evidence system can improve the way we own and relief measures.
Keywords/Search Tags:illegal oral evidence, illegal verbal evidence exclusion, relief measures
PDF Full Text Request
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