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Study On The Difficult Problems Of Illegal Verbal Evidence Elimination In Trial Stage

Posted on:2018-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhouFull Text:PDF
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The rule of exclusion of illegal evidence refers to the rule that criminal evidence obtained by illegal means can not be used in the criminal trial by the judicial organ and its staff. The rule has been widely established in the world, as a product of the rule of law countries have also been absorbed by our legislation. The current Criminal Procedure Law and the Provisions on Several Issues Concerning the Elimination of Illegal Evidence in Criminal Cases and the Provisions on Several Issues Concerning the Examination and Judgment of Evidence for Death Penalty Cases jointly promulgated by the Ministry of Commerce and the Ministry of Commerce of the People's Republic of China in 2010 stipulated the Exclusionary Rule of Illegal Evidence . This is China's legislation in recent years, a major breakthrough. In 2012,the Supreme People's Court issued the Interpretation on the Application of the Criminal Procedural Law of the People's Republic of China and the Criminal Procedure Rules of the People's Procuratorate of the Supreme People's Procuratorate,which further stipulated the application of the exclusionary rule of illegal evidence.Illegal evidence includes illegal evidence and illegal evidence in kind. This paper focuses on the exclusion of illegitimate evidence at trial.On the exclusion of illegitimate verbal evidence,despite the series of laws and judicial interpretations, there still exist problems such as unclear scope of evidence,unclear burden of proof, inconsistent standard of proof and non-standard pre-trial meetings in trial practice. In order to better explore and solve these problems, this article focuses on the application scope and trial operation of the exclusionary rule of illegitimate verbal evidence. Through an empirical analysis of 100 relevant referee instruments on the Chinese referee instruments, the author makes an analysis of the illegality from procedural and substantive aspects. The Present Situation and Problems of Exclusionary Rule of Verbal Evidence. One of the problems in the program is that pre-court conference system, trial, the court started the investigation process is difficult,the referee reasoning is not through. The problem of entity is that the exclusion of illegal evidence is low, and the removal of non-violent illegal means is more difficult."Confessions" and "Fruit of poisonous tree" are not excluded. The author analyzes the causes of the above problems from two aspects: system design and trial operation. The author puts forward some suggestions on how to make a confession by confession by torture,obtain confession by violation of legal procedure and the effect of repeated confession and fruit of poisonous tree. From the normative referee to put forward a reasonable allocation of burden of proof, an accurate grasp of the standard of proof, the scientific use of proof methods, changes in judicial ideas and other aspects of the trial recommendations.In addition, the author believes that in order to ensure the effective operation of the exclusionary rule of illegal evidence and to curb extorting confessions by torture,we should expand the scope of illegal evidence, improve the exclusion procedure,speed up the witness protection mechanism, System, synchronous sound recording system and other supporting system construction.
Keywords/Search Tags:Illegitimate evidence, Exclusionary Rule of Illegal Evidence, Extort a confession by torture
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