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On Legislative Perfection Of Exclusionary Rules Of Criminal Illegal Evidence In China

Posted on:2019-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:P Y ZhengFull Text:PDF
Abstract/Summary:PDF Full Text Request
Both fair trial and correct conviction quantity need an objective basis,and this objective basis is evidence,which runs through the whole criminal proceedings.China's criminal procedure law has established the exclusionary rule of criminal illegal order to improve this rule,it is better applied to practice,and both punishing crimes and protecting human rights are realized.This article studies from three parts: the first part analyzes the current situation of China's criminal illegal evidence exclusion rules,firstly elaborates the development course and legislative status of China's criminal illegal evidence exclusion rules in detail,and then puts forward the existing problems in China's criminal illegal evidence exclusion rules legislation from the practical point of view.The second part is to investigate and study the development and current situation of exclusionary rules of illegal evidence in criminal proceedings in Britain,America and Germany,and then analyze the enlightenment to China,that is,the enlightenment from theoretical construction and legislative perfection.The third part mainly elaborates how to improve the legislation of criminal illegal evidence exclusion rules in China,that is,from the actual situation in China,put forward some reform suggestions,including strengthening the identification standard of criminal illegal evidence exclusion rules and improving the content of illegal evidence exclusion rules,and finally realizing both procedural justice and substantive justice.
Keywords/Search Tags:Illegal evidence, Illegal evidence exclusion, Ilegally obtained evidence, Fruit of the poisonous tre
PDF Full Text Request
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