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From The Confession Of Torture, The Perfection Of The Rules For The Exclusion Of Illegal Evidence In China

Posted on:2017-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaoFull Text:PDF
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In our criminal judicial practice,inquisition by torture repeated,serious violations of the basic human rights of criminal suspects and defendants,trampling on justice and authority,reduce the trust of the people on the legal system in our country.In order to effectively curb the inquisition by torture and other illegal means to obtain evidence,the2012 amendments to the "Criminal Procedure Law" has increased the exclusionary rule of illegal evidence of the relevant provisions,which has milepost of civilization,for our country criminal judicial democracy process significance.However,more than four years of judicial practice shows that there are differences in the theoretical understanding of the rule of illegal evidence exclusion,there is a dispute in the practice operation,how to improve the rules to promote its application to become a problem to be solved.In this paper,to curb the inquisition by torture on the origin,in order to improve the exclusionary rule in China as the research center,the thesis is divided into four parts.The first part is an overview of the inquisition by torture.Based on the definition of torture to extract confessions,interpretation of the cause,harm result is discussed,the current situation of China's inquisition by torture objective analysis.The second part contains the experience and Enlightenment of the phenomenon of torture to extract confessions to foreign.Outside the box,so that all countries save inquisition by torture.In many countries to curb the inquisition by torture has accumulated rich experience,worthy of our reference.This part of the national criminal legislation based on foreign inquisition by torture crime right safeguard mechanism,procedure control mechanism and do the research and Analysis on this basis,put forward specific suggestions for China to cope with the inquisition by torture.The third part is the overview of the implementation of the rule of excluding illegal evidence in our country.On the basis of discussing the important meaning of the rule of excluding illegal evidence,this part focuses on the differences and the problems that needto be dealt with in the criminal judicial practice of our country.The fourth part is the improvement of the rule of illegal evidence exclusion in our country.In view of the important value of the exclusionary rule of illegal evidence,considering its shortcomings in the judicial practice,on the basis of previous studies on this part,put forward the refinement of the exclusionary rule of illegal evidence of some contents,enhancement of the exclusionary rule of illegal evidence,improve the applicable standard of proof,increase the "fruit of the poisonous tree" provisions establish accountability mechanisms and rights protection mechanisms,the Commission for Discipline Inspection of the forensics program into the exclusionary scope of review and other specific recommendations.
Keywords/Search Tags:Extort Confessions by Torture, Illegal Evidence Exclusion, Right of Silence, Right of Lawyer's Presence
PDF Full Text Request
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