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The Difficult Situation And Solution About Exclusionary Rule Of Illegally Obtained Evidence In Prosecution Self-investigate Case

Posted on:2017-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:W H ZhengFull Text:PDF
GTID:2346330536974796Subject:Law
Abstract/Summary:PDF Full Text Request
Exclusionary rule was established in the United States is due to infringement of the police investigation and the exclusion of evidence obtained so as to achieve the purpose of sanctions the right remedy is to protect human rights and the fight against crime is one of the equilibrium point.Our traditional judicial system has the tendency of entity,procedure,it brought a lot of hidden trouble to the judicial practice of our country.In the field of Criminal Justice we focus on the crime punishment,the protection of human rights has been disregard for a long time.Since the implementation of the exclusionary rule of illegally obtained evidence,the protection of human rights of criminal suspects and to curb illegal evidence has achieved some certain effects.In the case of self-investigate among prosecution,as a result of our criminal justice concept backward and unreasonable system design,the operation effect of illegal evidence exclusion is not idea.On the reason of procedure starting difficulty in the exclusionary rule of illegally obtained evidence in self-investigate cases,the cross between self-investigate to supervision power,the lack of combination on discipline procedures and mechanisms judicial procedure,and the absence of system design which led to the illegal evidence exclusion rules apply procedures canít be guaranteed.At present,the difficulty of the exclusionary rule of illegally obtained evidence in protection self-investigate case is to construct the mechanism of the exclusionary rule of the illegally obtained evidence,and itís based on the theory and judicature practice.This article will analyze itís problems of the exclusionary rule of illegally obtained evidence in protection self-investigate case,then relate to the theoretical logic support and legal basis to solve the problems and offer a proposal for the related problems in the exclusionary rule of illegally obtained evidence in protection self-investigate case.
Keywords/Search Tags:Exclusionary Rule, Illegal Evidence, Duty Crime, Investigation
PDF Full Text Request
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