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An Analysis Of The Exclusionary Rule Of Illegal Evidence In China

Posted on:2018-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:S F YangFull Text:PDF
GTID:2346330515964474Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence is the key to the facts in criminal proceedings,which plays a vital role in the fairness and fairness of the outcome of criminal cases.As a word says,"Who own the evidence,he will win in a lawsuit".And the exclusionary rule of illegal evidence as one of the most important rules of the evidence system,to regulate the investigating personnel to take evidence and to ensure the integrity of the case to provide a strong guarantee.China's newly revised "Criminal Procedure Law" in 2012,in the form of the Basic Law,provides for further improvement.But there are still many problems in the actual operation,it was described that China's illegal evidence exclusion system in practice is "a hibernation snake".Moreover,any system there is always perfect space.All this shows that China's illegal evidence exclusion system still has many problems that need to be solved,which also determines that the reform will be a process of deepening.Based on the analysis of the relevant research results in the field and abroad,this paper summarizes and analyzes some problems of the regulations of exclusionary evidence by means of comparative analysis,and analyzes the regulations in the United States,Britain,Germany and Japan.The author puts forward the research on the relevant provisions of the relevant laws and regulations,and finally compares the different regulations and the application of the illegal evidence,the illegal physical evidence and the fruit of the poisonous fruit.In the light of the relevant legislation practice in China,As well as the real problems in judicial practice to explore and put forward some suggestions.This paper is from four aspects: the first part is about the concept of analysis and theoretical summary.The second part of the actual operation of the "five vulnerabilities" to sum up and analyze the reasons.The third part makes a comparative study on the legislation of foreign countries,and makes a comparative study on the legislation and characteristics of the four countries' regulations on the exclusion of illegal evidence,so as to make the development and improvement of the relevant system in China.effect.The fourth part explores the perfect way through the principle of determining the value of the law,making the guidance of the upper law,perfecting the relevant system and refining the relevant rules.Through the above efforts to expect the existence of our problems related to the solution to help.
Keywords/Search Tags:Illegal Evidence, Fruit of the poisonous tree, Exclude, Reform
PDF Full Text Request
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