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Study On The Perfection Of China's Exclusionary Rules Of Illegally Obtained Evidence

Posted on:2020-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Judging from the effectiveness of the evidence,if the evidence of the decision is obtained by illegal means,such materials will not truthfully reflect the true situation of the case,not only is it difficult to play the role of evidence to prove the facts of the case,but it is very easy to cause the occurrence of false and wrong cases,which leads to people's doubts about legal fairness and authority.In view of this,the common law countries represented by the United States and Great Britain took the lead in proposing the exclusionary rules of illegally obtained evidence,which were subsequently accepted and adopted by the vast majority of countries in the world.With the development of the exclusionary rules of illegally obtained evidence,it can be seen that the establishment and construction of this system will realize the positive effects such as procedural justice,suppression of illegal law and safeguarding human rights to a certain extent,therefore,it is therefore also regarded as one of the important symbols to measure the degree of progress of a country's rule of law level.In our country,due to many long-term subjective misconceptions,that the law enforcement officials hold,such as " presumption of guilt,utilitarianism,value physical undervalue procedure ",and many other factors as well as objective crime technology to increase the difficulty of collecting evidence,insufficient investment in handling cases and poor investigation supervision,illegal collection of evidence occurs at times and unstoppably.In addition to this,provisions of the exclusion of illegal collection of evidence are abstract and general in Criminal Procedure Law of1979 and 1997,and the absence of the relevant specific systems has indirectly contributed to the sustained occurrence of illegal collection of evidence,such as extorting confessions by torture.With the rapid development of the information society,many wrong cases which have led to the error of fact due to the illegal collection of evidence of admissibility have been disclosed,which has aroused the concern and reflection of law experts,scholars and the general public,and also promoted the introduction of the exclusionary rules of illegally obtained evidence inChinese criminal procedure activities.With the promulgation of newly amended Criminal Procedure Law and related judicial interpretation,which have made detailed provisions on the scope and procedures for the exclusion of illegal evidence,and formed a set of systematic,clear,and strict institutional norms.However,the exclusionary rules of illegally obtained evidence started late in our country after all,theoretical research related to it is still scarce,and there are still some drawbacks in the application of legislative order confusion,narrow exclusion scope and weak operation.In order to solve the above problems,we should firstly define the scope of illegal evidence in a complete and clear way,and then review the current lack of exclusion rules and extraterritorial lessons,only in this way can we make changes in many aspects so as to gradually improve China's exclusionary rules of illegally obtained evidence.
Keywords/Search Tags:evidence illegally obtained, exclusion rule, criminal procedure law
PDF Full Text Request
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