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On The Dilemma And Breakthrough Of China's Illegal Evidence Exclusion

Posted on:2020-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q D ChenFull Text:PDF
GTID:2416330572462466Subject:Law
Abstract/Summary:PDF Full Text Request
Some false and wrong cases have been exposed by the media into the public's attention,which has aroused people's attention to the process of case detection,and has also triggered social discussions on substantive justice and procedural justice.The call for the protection of human rights in criminal proceedings has become increasingly high.China pays more attention to demonstrating the value of justice in criminal procedure,and explicitly includes the exclusion of illegal evidence when the Criminal Procedure Law is amended.Third Plenary Session of the 18 th CPC Central Committee proposed to strictly implement the rules for the exclusion of illegal evidence,demonstrating the Party and the state's attitude and determination to exclude illegal evidence in law and policy.In 2017,in combination with the actual work,the two Chambers and three Ministries have formulated more operational exclusion regulations.However,in judicial practice,the value of setting up illegal evidence exclusion procedure in China is difficult to be realized because of the extensive legal provisions,the difficulty of illegal evidence exclusion procedure initiation,the ease of proving the legitimacy of the final evidence collection,and the stealth of illegal evidence collection.Not long ago,in Guangxi's "Huang Zhi Ming raping an underage girl " case,the defendant Huang was found not guilty through retrial,again people will focus on the illegal evidence in criminal proceedings and the reasonable construction of the rule of excluding illegal evidence in China.Therefore,from the perspective of trial at the grassroots level,the following essay will analyze the problems,think about them and put forward relevant suggestions.First,introduce and discuss the relevant concepts involved in the illegal evidence exclusion rule,explaining the concept and origin of illegal evidence,the concept and characteristics of the illegal evidence exclusion rule,the scope of illegal evidence exclusion and the proof responsibility and negation criteria for illegal evidence exclusion.Secondly,taking the criminal judgment involving illegal evidence exclusion in S City Court of J Province since 2014,which highlights the problem of illegal evidence exclusion,as the breakthrough point,this paper analyzes the implementation of illegalevidence exclusion rules in China from the theoretical and practical perspectives,and shows the feasibility of the thesis research.Then,the article shows the difficulties encountered in the implementation of the illegal evidence exclusion rule in China,and analyzes the causes of the difficulties encountered,and concludes that there is a predicament of traditional lack of legislation and solidification of idea thinking in the implementation of the illegal evidence exclusion rule in China,the biased understanding of the implementation process,loose proof,and rule design.Moreover,it is to study and introduce the content of the rules concerning the exclusion of illegal evidence in some overseas countries.We mainly analyze the representative countries of the Anglo-American legal system and the civil law system,providing a reference for the construction of illegal evidence exclusion rules in China.Finally,by means of empirical analysis and comparative analysis,using relevant foreign regulations and system design for reference,combining our judicial practice,the paper will put forward some suggestions on constructing illegal evidence exclusion rules that is fit for our country from four following aspects: designing from the top level,establishing a scientific investigation system,improving the procedures of investigators and witnesses to accept questions in court and establishing a state compensation system triggered by the investigation organs or personnel illegal evidence exclusion procedures...
Keywords/Search Tags:illegal forensics, value guidance, dilemma of illegal evidence exclusion rules, construction of illegal evidence exclusion rule
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