Font Size: a A A

The System Of Exclusionary Rule Of Illegal Physical Evidence Is Improved

Posted on:2020-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:X M YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the development of the rule of law in China,more and more people are familiar with the rule of exclusion of illegal evidence in the criminal field.The exclusionary rule of illegal evidence actually originated from the United States and developed after a long process.Due to the different goals of rule of law,traditional legal culture and value orientation of each country,as well as the different national conditions,the illegal evidence exclusion rules formed by different countries are also different.It must be admitted that the development of illegal evidence exclusion rules in China is inseparable from the frequent disclosure of wrongful convictions in recent years,which can be said to promote the establishment of illegal evidence exclusion rules to a certain extent.Especially along with the promulgation of the "criminal procedural law",illegal words evidence exclusion rules got wide attention and research in academia,also fully apply in judicial practice,but the study of rules of excluding illegal evidences are not sufficient,illegal physical evidence,and decide how to determined in accordance with what the program after out of the criminal procedure law in our country and the judicial interpretation stipulation not related,will produce what kind of legal effect is less clear.This situation not only violates the basic principle of human rights protection,but also goes against the goal of building a socialist country under the rule of law.In view of this,we must accurately grasp the connotation of the rules of excluding illegal evidences,the theory of law and the latest achievements of the foreign advanced exploration,guide,takes root in China's judicial practice at the same time,they can better formulate rules of excluding illegal evidences of our characteristics,so as to better service for the construction socialism country under the rule of law.
Keywords/Search Tags:Criminal lawsuit, Illegal evidence exclusion, Illegally obtained material evidences
PDF Full Text Request
Related items