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Research On The Legality Review Of Criminal Evidence

Posted on:2020-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2416330596474017Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the development of the thought of human rights protection,the examination of the legality of evidence becomes more and more important.Article 56 of the criminal procedure law stipulates evidence obtained by such illegal methods as extorting confessions by torture.From this provision we know that illegal evidence can not be used to determine the case.However,not all evidences obtained by illegal means are illegal evidences that should be directly excluded.For defective evidences,they can be applied only after being corrected Therefore,the team evidence legitimacy of the review is particularly important.In litigation activities,the procuratorate is the most involved of the three judicial organs,and it supervises the process of obtaining evidence in the investigation stage.In the stage of examination and prosecution,the case shall be examined and prosecuted;In the trial stage as the accuser to participate in the trial,its role is self-evident.Through the study of the procuratorial organs of different types of evidence review,as well as review methods,procedures and so on to understand China's operation in this respect.At the present stage,China's criminal evidence legality review system is not particularly perfect.In recent years,the report of unjust,false and wrong cases has aroused people's extensive attention.Both the su peiwu case and the nie shubin case are a wake-up call.The existence of illegal evidence is caused by irregular evidence collection procedures,insufficient supervision and careless review.Under the concept of the rule of law,people have a better understanding of legal knowledge and more confidence that the judicial organs can maintain fairness and justice.However,the existence of torture,inducement,illegal procedure and other phenomena makes us realize that it is urgent to perfect the legal review system of evidence.Since the procuratorate plays a role in connecting the investigation organ and the judicial organ in the litigation activities,its position in the examination of thelegality of evidence is very important.The examination of the legality of evidence can prevent the occurrence of unjust,false and wrong cases by correcting the defective evidence and eliminating the illegal evidence.This paper summarizes the significance and characteristics of evidence legitimacy review from the perspective of the procuratorial organs,and studies the review methods of the review's operating procedures,so as to find out the problems existing in China's evidence legitimacy review at this stage.And through to the foreign country this aspect carries on the research,tries the comparison to draw lessons from,proposes the corresponding consummation opinion.This paper is divided into five parts:The first part is the connotation and value of the legality examination of criminalevidence.This paper expounds the concept and value of criminal evidence legality examination.The second part The procuratorial organs examine the legality of criminal evidence.From the procuratorial organ criminal evidence legality review legal provisions,the procuratorial organ criminal evidence legality review operation to writeThe third part Problems existing in the examination of the legality of criminal evidence by procuratorial organs.Through the analysis of procedural issues and review methods and review capacity to analyze the current evidence legitimacy of the lack of reviewThe fourth part is the comparison and reference of the legality review of foreign criminal evidence.Through the research on the operation of evidence legitimacy review in the United States,Germany,Japan,Britain and other countries,the authothinks about how to improve the evidence legitimacy review in China.The fifth part is the countermeasures to improve the legality of criminal evidence review.Put forward Suggestions on the improvement of law and operation in the examination of the legality of evidence...
Keywords/Search Tags:Legitimacy of evidence, Program illegal, Legitimacy review, wrongs
PDF Full Text Request
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