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A Study On The Application Of Exclusion Rules Of Illegal Evidence By Procuratorial Organs

Posted on:2019-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:C C GuoFull Text:PDF
GTID:2346330542497885Subject:Law - litigation law
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The modern rule of law society pays more and more attention to the proper procedures and the protection of human rights,and the rule of exclusion of illegal evidence is adopted by the criminal legislation and judiciary of most countries in the world.As an important criminal litigation evidence rule,the rule of illegal evidence exclusion is also one of the main contents of the revision of China's criminal lawsuit in 2012.The "Criminal Procedure Law" of 2012 clearly stipulates that the illegal evidence possessed by public security organs during different stages of litigation excludes the powers,and expressly stipulates that the procuratorial organs must perform important duties in excluding illegal evidence during the period of examination and prosecution.Compared with the "Regulations on Several Issues Concerning the Review and Judgment of Evidence in Death Penalty Cases" and the "Regulations on Several Issues Concerning the Handling of Illegal Evidence in Criminal Cases" promulgated in 2010,the 2012 Criminal Procedure Law stipulates the rules for the exclusion of illegal evidence.There is obvious progress.However,in practice,there are still some deficiencies such as lack of specific provisions,use of standard ambiguity,or lack of operability in practice.After years of hard work and trial work,it can surely eliminate the intensity of illegal evidence.It can also eliminate illegal evidence that seriously violates the criminal suspect's legal rights through the application of illegal evidence exclusion rules.On the premise of focusing on individual cases,the author elaborates the relevant concepts of the rules for the elimination of illegal evidence in China,systematically combs and analyzes the prosecution application of the exclusion of illegal evidence from the theoretical and practical aspects,and discusses the illegal application of the prosecution agency at the current stage.The necessity of the rule of exclusion of evidence,summarizing the problems it faces in the application of illegal evidence exclusion rules,and putting forward practical and feasible countermeasures.
Keywords/Search Tags:illegal evidence, procuratorial power, procuratorate, exclusion procedure, theoretical basis
PDF Full Text Request
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