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Research On The Application Of Illegal Physical Evidence Exclusion System

Posted on:2022-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:S S ZhaoFull Text:PDF
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The rule of exclusion of illegal physical evidence is still in the stage of further perfection after its establishment,and its legislative status and judicial status are Lees than encouraging.In 2010,the rules for the exclusion of illegal physical evidence were initially issued in the Illegal Evidence Exclusion Rules and were refined by legislation.However,this made very little substantial progress and the exclusion rules remained in principle.These rules are more inclined to pursue substantive justice in judicial practice.,and there are still deficiencies in legislation that the definition of illegal physical evidence is unclear,the scope of physical evidence is narrow,and it is easy to be confused with flawed evidence.In addition,the prohibitive norms for evidence collection are absent.The responsibility assignment of excluding illegal evidence is inexpedient.The pretrial conference procedures not perfectly work.And auxiliary mechanism is incomplete.The above problems together cause the practical dilemma that the rule of exclusion is difficult to apply.This thesis studies the problems of judicial precedents,especially precedents in Inner Mongolia with methods of literature review and cases analysis.In the process of improving the rules of exclusion of illegal physical evidence,we should first find a balance in the value selection,in which transfer the focus from blindly pursuing entity truth to the procedural justice and human rights protection.On the basis of value guidance,the definition of illegal physical evidence should be comprehensively determined based on its substantive procedural illegality and serious violation of the basic rights of citizens.The scope of application of the rules of exclusion of illegal physical evidence should be expanded to include records of inquests and inspections,audiovisual materials and electronic data that have the characteristics of physical evidence.Illegal evidence and defective evidence should be strictly distinguished.Illegal evidence with serious illegality should be excluded directly.And defective evidence with minor illegality should be supplemented and corrected and interpreted rationally to improve its credibility.Polish the prohibitive norms for evidence-taking and strengthen the supervision and control of evidence-taking of investigative organization..Reduce the defense's unreasonable burden of proof,and the prosecution bears the main responsibility for proving the legitimacy of the evidence collection.Fulfill the deliberation function of pretrial conference and affirm its procedural value and grant it discretion of excluding illegal evidence.Through a series of targeted,practical,and easy-to-implement countermeasures and suggestions,we can promote the implementation of illegal physical evidence exclusion rules,enrich the research on illegal physical evidence,further promote the realization of procedural justice,and reflect judicial fairness and justice.
Keywords/Search Tags:illegal physical evidence, illegal evidence exclusion rules, criminal procedure, flawed evidence
PDF Full Text Request
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