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The Dilemma And Optimization Countermeasures Of Illegal Evidence Exclusion Rules

Posted on:2021-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y PanFull Text:PDF
GTID:2516306224974709Subject:legal
Abstract/Summary:PDF Full Text Request
The evidentiary ability of "illegal evidence" and its evidentiary power is not only a litmus test to test the degree of litigation civilization in a modern country under the rule of law,but also a key index to measure the implementation of the "principle of respecting and protecting human rights" stipulated in the constitution in the criminal procedure system.In 2012,the newly revised criminal procedural law in two senior department have successively introduced two evidence rules related content,on the basis of systematically provides such as the scope of the illegal evidence should be excluded,the illegal evidence exclusion clause,at this point,marks a long-distance running more than 20 years of the illegal evidence exclusion rule finally officially rise from concept to the law of the country level,realized the legislation of the ground.At the same time,in order to further refine the illegal evidence exclusion rule in the judicial practice in the specific operational procedures,draw lessons from illegal evidence exclusion rule in five years experience in the judicial practice to apply again in June 2017,two senior department jointly issued the "criminal case about some issues of excluding illegal evidence rule strictly",detailed the from all the stages of investigation to review the arrest and trial of the illegal evidence exclusion rules of implementation process in detail,to the investigation organs,organs,judicial examination and prosecution shall be put forward higher requirements.In addition,the regulation also specifically clarifies the rights of criminal suspects,lawyers and other relevant parties in defense to exclude illegal evidence.Although after the revision of the criminal procedure law,the two high and three ministries issued the relevant provisions to enhance the operability of the illegal evidence exclusion rules,striving for precision and clarity,in fact,the illegal evidence exclusion rules still remain dormant for a long time in judicial practice,which seems to be reduced to "zombie provisions".In recent years,there was the earthquake in criminal justice "hubei SheXiangLin case" "yunnan Du Peiwu case" "Inner Mongolia vocative ji le pattern" and so on,all because of the lawsuits organs examine carried over the evidence rule,quick buck form of grievance and appeal to rehabilitate can also is in the process of the subsequent probing always abide by the illegal evidence exclusion rule.In view of this,this paper takes 2014 most social influence and social significance of "vocative ji le figure errors" as the breakthrough point,through the method of literature research,case analysis and so on from the following aspects,proposed "the plight of the illegal evidence elimination rule and optimizing countermeasures" this issue: the first part,the overview of "vocative figure errors jiri" case is put forward on the basis of the method of "paper" and "practical law" disconnect question;The second part elaborates the practical dilemma of the illegal evidence exclusion rules from three aspects: the difficulty in starting the illegal evidence exclusion procedure,the difficulty in ascertaining the illegal evidence extension,and the difficulty in investigating the evidence when the illegal evidence is excluded.The third part,with three of the illegal evidence exclusion rule facing dilemma as a starting point,puts forward the "stick to safeguard human rights priority concept of criminal procedure","" system design of illegal evidence exclusion " clear extension of the illegal evidence should be excluded " " adjust the system of criminal evidence in the case" four optimization countermeasures.Through the discussion of the three parts of this paper,it is expected to be helpful for the criminal legislation and criminal justice of the illegal evidence exclusion rule,so as to break the awkward situation of the "zombie clause" of the illegal evidence exclusion rule and promote the full realization of the constitutional principle of "respecting and protecting human rights".
Keywords/Search Tags:illegal evidence exclusion rule, hugjil pattern, procedure starting, epitality determination, investigation proof, respect for human rights protection
PDF Full Text Request
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