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Research On The Influence Of Exclusionary Rule Of Illegal Evidence On Evidence Collection In Investigation Work

Posted on:2019-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2416330590462607Subject:Law
Abstract/Summary:PDF Full Text Request
The evidence is the only basis for determining whether a criminal suspect has the fact of a crime.When handling a case,the judicial organ also needs to rely on the evidence as the basic guarantee for handling the case.In a series of judicial practice,the evidence runs through and affects the whole process of handling the case and the outcome of the trial.If the final evidence in the litigation activity is not legal,it will inevitably damage the judicial majesty and at the same time damage the legitimate rights and interests of the criminal suspect.Then,in the process of investigation,the investigating agency must investigate the legality of the evidence and use the illegal evidence to exclude the rules to ensure that a series of illegal evidence does not enter the judicial process.That is to say,it is of great significance to correctly apply the rules for the exclusion of illegal evidence and to combat the criminal functions of criminals and human rights protection.Therefore,according to the modern litigation,we will further investigate a series of problems in the Chinese investigation system and find out that the investigation work is affected by the illegal evidence exclusion work.This paper focuses on the series of influences and influence mechanisms of the illegal evidence exclusion rules on the investigation work,and hopes to provide reference for the evidence investigation work of the Chinese investigation organs.The full text is divided into five parts: First,it effectively introduces the relevant description of the exclusion of illegal evidence rules and the new criminal procedure against illegal evidence exclusion rules.Second,a comprehensive and systematic analysis of the development status and characteristics of China's reconnaissance work.Third,it mainly describes the impact of illegal evidence exclusion rules in investigation work from two levels of positivity and negativity.Fourth,through the Anglo-American legal system and the civil law system to elaborate the system of illegal evidence exclusion rules,and then learn from the excellent experience of foreign countries.Fifth,countermeasures to effectively strengthen the rules for the exclusion of illegal evidence,as well as relevant evidence collected in the investigation work.Sixth,finally make a summary of the article.
Keywords/Search Tags:Illegal evidence exclusion rule, Status and Cause, Influence, countermeasure
PDF Full Text Request
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