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Study On The Exclusionary Rule Of Unlawfully Obtained Evidence Procedure

Posted on:2018-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:H R MengFull Text:PDF
GTID:2416330536975247Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence is the foundation of the obtainment of juridical justice,which plays an vital role in ensuring the case quality.If the evidence collection behavior lacks of reasonable rules constraint,toturing and other illegal evidence collection behavior lack the corresponding procedural consequence,will inevitably lead to the increase of the wrongs,is not conducive to the safeguard judicial justice.The Exclusionary Rule plays an important role in protecting the suspects' human rights and can prevent from using illegal measures to collect evidence.Two pieces of rules about exclusion of illegal evidence were issued in July,1st,2010.Law of PRC had been proved in 2012,and the illegal obtained evidence exclusion rule had been improved.Although the Exclusion Rule is established in China,because of the Rule set in the early stage,which has a lot of drawbacks.In order to better play to the role of the Rule,we need to refine the Rule.In our country,the Suspects and the Judge can starting the Exclusionary Procedure in the trial stage.If the defense applicate to exclusion the illegal evidence,which should put forward the clues to the illegal collection of investigative authorities.Then the judge conducts a preliminary review of the legality of the evidence.If the judge has questions about the legality of the evidence,a formal investigation for the legality of the evidence.In the formal investigation procedure,the procuratorial organs prove the legitimacy of the evidence.Ultimately the judge to determine whether to exclude the disputing evidence.In this paper,we studied the Rules of exclusion of illegal evidence in other countries.It is hoped that by studying the experience of other countries,we can make suggestions for the improvement of the exclusionary rule.In addition to the abstract and the introduction,this paper is divided into four parts.The first chapter is the theoretical basis for the exclusion of illegal confession by the analysis of the concept of confession.This chapter consists of three subsections.The first section is the concept of confession.Section II is the theoretical basis for excluding illegal confessions.Section III is the need to exclude illegal confessions.The second chapter is the application situation of illegal oral exclusion rule in the trial stage and its practical difficulties.The first section is the application of illegal oral exclusion rules in China.Section II is the practice dilemma of illegal oral exclusion rules in our country.The third chapter explor the application of illegal oral exclusion rules in other countries.This chapter is divided into three sections,respectively,the United Kingdom,the United States,Germany illegal oral exclusion procedures.The fourth chapter is the consummation of the illegal oral exclusion procedure.The first section is a clear reproducibility of the admissibility of confession.Section II is a set of illegal evidence exclusion procedures,mainly from the pre-court meeting in the exclusion of the role of illegal confession and clear the defense of the initial responsibility to bear the proof of the standard recommendations.Section III is the matching measures to improve the rules of illegal confession.
Keywords/Search Tags:Illegal Confession, Illegal Evidence Exclusion Rules, build
PDF Full Text Request
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