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The Investigation Of Illegal Evidence Of The Pre-trial Procedure Of Procedure Procuratorial Organs

Posted on:2019-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:X WeiFull Text:PDF
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Illegal evidence elimination rule is an exotic,it originated in the United States,and gradually adopted by the world countries and international organizations,China in 2010 on the exclusion of illegal evidence of our country's "two rules" for the first time the illegal evidence exclusion rule.In foreign countries,the exclusion of illegal evidence generally refers to the fact that illegal evidence is not adopted in the trial stage as evidence against the defendant.The criminal procedure law of our country has extended the illegal evidence to the pre-trial stage,which means that illegal evidence should be excluded in the investigation,prosecution and trial.The reason why the illegal evidence is excluded to the pre-trial stage is to prevent the miscarriage of the wrong case as early as possible.Procuratorial organs occupies the important position in criminal pre-trial procedure,its in the examination and approval of arrest and prosecution through review of case evidence to play the role of a control over the quality of the case,at the same time,through to the illegal evidence exclusion and can effectively supervise the public security organs investigation activities are legal.Although the criminal procedure law in our country and relevant judicial explanation for the procuratorial organ in the pretrial procedure illegal evidence exclusion issue the corresponding rules,but from the point of the judicial practice,due to the scope of the legislation on illegal words evidence rules is relatively fuzzy,coupled with the lack of reasonable evidence to rule out the system,etc.,make the procuratorial organs in the function of the pretrial procedure of exclusion of illegal evidence and not to be able to fully embody.On the basis of the existing system,this paper tries to study the related problems of the illegal evidence in the pre-trial stage of the procuratorial organ.The structure is divided into the following parts;The first part studies the basic problems such as the meaning of illegal evidence exclusion rule in procuratorial organ.This paper analyzes the characteristics,theoretical basis and practical significance of illegal evidence exclusion of procuratorial organs.The second part of procuratorial organs pretrial procedure in China current situation and existing problems of illegal evidence exclusion are discussed in this paper,from therelevant law regulations,combed the procuratorial organs pre-trial procedures and the main content of the illegal evidence exclusion rules,and combining with the judicial practice is pointed out that procuratorial organ pre-trial procedures applicable rules of illegal evidence exclusion problems and causes;The third part puts forward the countermeasure to solve the problem of illegal evidence in the pretrial procedure of procuratorial organ.
Keywords/Search Tags:Illegal evidence exclusion, Procuratorial organs, Reasonable explanation, Oral evidence, Pre-trial procedures
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