Font Size: a A A

An Analysis Of The Effect Of Exclusionary Rule Of Illegally Obtained Evidence

Posted on:2019-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XuFull Text:PDF
GTID:2416330566961757Subject:Law
Abstract/Summary:PDF Full Text Request
This thesis uses several cases as a sample to focus on analyzing the effect of judicial practice of the exclusionary rule of illegally obtained evidence,including various difficulties that the defendants are faced with and the strategy and attitude of the judicial departments during the judicial practice.By means of investigation,the procedure of using the exclusionary rule of illegally obtained evidence has much room for improvement though the rule provides opportunity for the defendants to plead.Moreover,the effect of judicial practice of the rule is not perfect.For better practical effect,the improvement should not only rely on the perfecting of legislation,but also on the establishing and improving of a series of measures of criminal judicial process.In other words,the gradual elimination of illegally obtained evidence depends on both the appropriate measures and the continuous improvement of the external conditions of criminal judicial process.The achievement of the dependant's litigation rights and the change of litigation structure are the direction to the reformation at present.Currently,we are still a long way from the goal of solving the difficulties of illegally obtained evidence.Nevertheless,the major way to the successful application of the rule is improving the judicial system and getting rid of the existing obstacle.
Keywords/Search Tags:the exclusionary rule of illegally obtained evidence, Judicial practice, Existing obstacle, Judicial system
PDF Full Text Request
Related items