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Study On The Application Of The Exclusionary Rule Of Illegally Obtained Material Evidences

Posted on:2018-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:H SongFull Text:PDF
GTID:2336330515969478Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,along with the world’s attention to the protection of people’s right,the establishment of the exclusionary rule of illegally obtained material evidences had attract all country’s legislators and scholars’ attention.Although our country had been this rule,but owing to the generality and fuzziness of legislation,manipulability was not strong and the influence of other systems,the application of illegally obtained material evidences exclusionary is not ideal.This paper carries on the dilemma of legislation and practice and analysis the reasons of why the illegally obtained material evidence is so difficult to exclude.On that basis,then to make pertinent suggestions with the reference to international experience.Except the rule to serve society better.The chapter one discuss the value of our country’s exclusionary rule of illegally obtained evidences,include the need for human rights protection and the requirement for making criminally judicial process impartial.This chapter demonstrates the necessity of establishment of the exclusionary rule in China.The chapter two discuss the legislation inattentive and the dilemma in the practice of the exclusionary rule of illegal physical evidence.The troubles come from exclusion range and conditions.The third chapter discuss the reasons of why it is so difficult to exclude the illegally obtained evidence.In my opinion,confuse the basis for excluding illegally obtained evidence,lack of procedural judgment space,the influence of dossier deportation system,the application of mutual corroboration rule is too superficial,at last the unreasonable relationship of public security,the procuratorial organ and courts,they are the reasons for exclusion of illegally obtained material evidence.The last chapter expresses my opinions about how to perfect our country’s illegal physical evidence exclusionary rule.These suggestions include expand the range of illegally obtained evidence exclusionary rule,perfect the conditions of this rule,establish an independent procedural referee space,clarify the basic point of illegal physical evidence exclusion.
Keywords/Search Tags:Illegally Obtained Material Evidences, Fruit of the Poisonous Tree, The Basis for Excluding Illegally Obtained Evidence
PDF Full Text Request
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