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On The Application Of Exclusionary Rule Of Illegally Obtained Evidence

Posted on:2018-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
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The exclusionary rule is an important part of the evidence system of criminal procedural law,protection of human rights is a product of balance and the punishment of the crime of the two criminal procedure,is the obvious contradiction between the ideal and the reality of judicial proceedings.The exclusionary rule of criminal illegal evidence is essentially to protect human rights.In addition to protecting the rights of ordinary citizens from unfair treatment of justice,it is more important to protect the human rights of suspects in a vulnerable position.This paper begins with the analysis of the basic theory of the rules of construction,fully understand and grasp the rules of constructing the value goal and interests,including the interests of the choice between the protection of human rights and punishing crime,conflict between procedural justice and substantive justice,the principle of presumption of innocence and the guiding role.The amendment of criminal procedure law has brought about great changes for the development of exclusionary rule of criminal illegal evidence in china.The legislative evolution process enriches the research object in the list,the specific contents one by one analysis,focusing on the new provisions,to grasp the overall operation of the system objective rules.To further improve the provisions and finally the rule of eliminating illegal evidence in the criminal procedure law in the form of legislation to confirm the analysis of a series of provisions down gradually,showing the evolution of the exclusionary rule in our criminal procedure law,the show became the legal construction in our country.Then by the method of comparative study selected the United States,Britain,Germany and Japan four countries as the research object,by comparing the differences of legislation,leads to specific reasons analysis in various exclusionary rules form a variety of characteristics.The United States as the most perfect exclusionary rules for the country,obviously has great superiority in the design of the system,by using the absolute maximum mode of exclusion with exception provisions to protect the rights of citizens to achieve.And belong to the common law of England is clearly of the rules have significant recognition to exclude evidence of words taken a tough attitude,compared to the verbal evidence,the exclusion of other evidence of the discretionary mode,and set the absolute exclusion and relative exclusion benchmark.Germany and Japan as a civil law country,the dominant position of judges in the trial program in the two mode in the application of the rule is highly similar,Germany and Japan to weigh the discretionary criteria to exclude all reflect this point.The rule of exclusion between the two countries is not clearly reflected in the legal provisions,more embodied in the theoretical aspects.By analyzing the national conditions and litigation system of each country,it can be found that the rules and system design of all countries are traceable,and the results are not the same.For all its own system,tailored to the system design,and in the investigation and trial practice,constantly supplement and improvement program design,thus forming a unique system of rules.The present situation and obstacles of the exclusionary rule of illegally obtained evidence in China are investigated.Through the investigation and analysis of each stage,the reasons behind the system of each period are analyzed,and the existing legal provisions and the obstacles in the application of illegal evidence exclusion rules are clear.Analysis on the dilemma of the exclusionary rule of illegally obtained evidence in china.Through the analysis of the plight of judicial practice in our country,the implementation of the legislation,ideas and measures and other reasons,and combined with the practical problems in the process of criminal procedure,that the exclusionary rule in China and has a long way to go.Suggestions on establishing and perfecting the exclusionary rule of illegal evidence in china.Through the establishment of specialized criminal evidence law,improve the prevention mechanism,strengthen supervision and management,and the judicial personnel and the idea of citizens to enhance and improve punishment mechanism,system related with each other,better play the role of the exclusionary rule of illegal evidence.
Keywords/Search Tags:Illegal evidence, illegal evidence exclusion, criminal litigation
PDF Full Text Request
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