Font Size: a A A

The Implementation Of The Illegal Evidence Exclusion Rule At The Investigation Stage

Posted on:2018-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhengFull Text:PDF
GTID:2356330518491104Subject:Law
Abstract/Summary:PDF Full Text Request
In 2016, the party was first proposed in the fourth Plenary Session of the 18th CPC Central Committee to promote the "trial centered" litigation system reform.Then,in order to further improve our system of criminal procedure, according to the Central Committee on deepening the reform of the judicial system and working mechanism of the overall subordinates,improve the system of eliminating illegal vidence,clarifying the scope of exclusion of illegal evidence, the burden of proof, review procedures and remedies "into the judicial reforms.This thesis is to romote the rationality of the exclusion of illegal evidence in the investigation stage.China's criminal procedure is divided into three stages, namely, the investigation stage, the prosecution stage and the trial stage.From the legal point of view, these three stages are relatively independent, although the procuratorial organ as the legal supervision organ,has the corresponding supervisory authority.However,regardless of the depth of the case for the case, or the procuratorial organs themselves,it is impossible to completely on the three phase of each case, a full range of no dead angle supervision.Therefore, only on the stage of criminal investigation, the public security organs have their own relatively perfect investigative measures, it is necessary to establish their own characteristics of the evidence review system.In this paper, the exclusion of illegal evidence of the legitimacy of the investigation stage toprove,analyze the existing problems, and puts forward the mechanism of the exclusion of illegal evidence and related measures investigation suggestions.Finally,to promote the reform of the reform of the criminal justice system in the future is the best way to reform the criminal justice system in our country. Therefore we must have to sharpen the courage, firmly implement the rules in every criminal case, really good people respond to the protection of human rights demands.
Keywords/Search Tags:evidence, Exclusionary rule of illegally obtained evidence, Existing problems, Implementation, Reform of criminal procedure system
PDF Full Text Request
Related items