Font Size: a A A

Study On The Proof System Of The Exclusion Of Criminal Illegal Evidence

Posted on:2020-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:T FangFull Text:PDF
GTID:2416330611463348Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There are many flaws in the system of proof of the exclusion of illegal evidence in China,which is mainly reflected in the problems arising from the standards of proof and the responsibilities of the prosecution and the defense.Taking the "existence of problems,the root causes and the ways to solve them" as an entry point,this paper takes the research on the proof system of the exclusion of illegal evidence in the academic world as the theoretical basis in recent years,and draws on the methods of excluding rules of illegal evidence from countries outside the region to start the proof system.The operation of trial and relief in three stages is studied.The full text is divided into four chapters.The first chapter expounds the proof system in detail.The proof system of illegal evidence exclusion promotes the development of procedural rules because of its procedural,human rights safeguards and uniqueness.Its proof content constructs a partial evidence system,has the function of preventing unjust,false and wrong cases,and implements the application of the rules.The second chapter summarizes the shortcomings of the proof system.The main manifestation is the problem of the inability of the defense to effectively discharge its burden of proof,and the fact that judges have always been very cautious about initiating illegal evidence exclusion proceedings;The problem of formalizing the prosecution's burden of proof and the false standard of proof led to the questioning of the trial results;There are no separate avenues of redress for the consequences of exclusion or non-exclusion at the relief stage.Chapter III analyzes the provisions of the extraterritorial system of State certification.Starting from the proof mode of the exclusion of illegal evidence in the four countries of the United Kingdom,the United States,Germany,and Japan,the differences in the four countries 'initiation methods,as well as the burden of proof and proof standards were compared.In general,countries mainly rely on judges to start proof procedures,and the defense bears the initial burden of proof to apply a lower standard of proof,and the method of proof is convenient;There are "advantage proofs" and "reasonable doubts" on the prosecution's proof standards.Each has its own advantages.Judges generally do not need to prove the investigation andevidence.Chapter IV,according to the National conditions,proposes a plan to improve the shortcomings of the certification system.In the start-up phase,the way for the defense to perform its burden of proof is broadened,and the trial standards of judges ' "reasonable suspicion" are clearly defined;During the trial stage,the prosecution established the review rules,strictly grasped the implementation of the statutory proof standards,and clearly proved the responsibility;At the relief stage,the result of the exclusion of illegal evidence is introduced in a separate decision,and the method of proving the first request at the second instance is improved.
Keywords/Search Tags:illegal evidence exclusion procedure, Certification criteria, Burden of proof
PDF Full Text Request
Related items