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On The Exclusion Of Illegal Evidence By The People's Procuratorate

Posted on:2018-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
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The illegal evidence in the actio criminals is refer to the proof which is obtained by devious way,the way might obstruct the course of justice as well.The exclusionary rule of illegal evidence has extremely vital significance in protecting the legal rights of citizens, curbing illegal evidence collection and safeguarding judicial justice.In 2010,China has promulgated Provisions on Several Issues Concerning the Exclusion of Illegal Evidencein Criminal Cases. And two years later, the new code of criminal procedure has been implemented. These initiatives symbolized the establishment of the Rules to Exclude the Illegal Evidence in China.And then the People's Procuratorate has the legal power to eliminate the illegal evidence.A great number of individual case in which the charges were false or which were unjustly or incorrectly dealt with have been re-examined at the central level and in different localities and the verdicts reversed under this ground.The rules is a remarkable significance in the process of the rule of law.However,justice delayed is justice denied.Is there any defects in the provisions or juridical practice? This paper proposed some solutions and improvement measures.This paper consists three parts:Part 1 introduced the basic theory that the procuratoraof te officers are required to exclusive the wrong evidence.We have three points of view,Procedural justice theory , Legal supervision theory, Objective obligation theory,which discussed the rationality,necessity as well as the positive effect of the duties of the procuratorial organs.Part 2 describes physical barriers and procedural obstacles in the exclusion of illegal evidence. This part regard the specific process as the clue and include four aspects:Startup program,Practice norm,Proceeding after the exclusion,Means of right relief. Part 3 offered new proposals based on the problems mentioned above.The organs ought to take steps to regular the startup program,establish the procedure of a two-step examining procedure,improve the management of case material transfer(to ensure the evidences which entered the court are legetimate in terms of form or essence),Set up any corresponding relief way for the investigation authorities and the way to avoid abusing of right as well.This paper offers proposal for the rule of illegal evidence exclusion in four aspects.The author hopes the methods will be helpful to the supervisory function of the people's procuratorat and guarantee the right of suspect.May the justice never be late.And China's Criminal Justice might Step on to a new level due to such many scholars' efforts.
Keywords/Search Tags:Procuratorate, Illegal evidence exclusion rules, Extort confessions by torture
PDF Full Text Request
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