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On the illegal evidence exclusion rules

Author: SunHongMei
Tutor: YangYuGuan
School: China University of Political Science
Course: Legal
Keywords: Exclusion rules Illegal System of Criminal Evidence Restrict State Power Protection of human rights Judges' Discretion Legal and cultural traditions National mandatory Procedural rules Technical and scientific evidence
CLC: D915.3
Type: Master's thesis
Year: 2003
Downloads: 207
Quote: 0
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Abstract


Exclusion of illegally obtained evidence or not is one of the more complex issues of criminal evidence system, the legal community and the judiciary, there is always a strong controversy. The different attitudes of different countries and different historical stages of the same country of illegal evidence, embodies the pursuit of criminal proceedings entity real punishment of crime and the maintenance of proper procedures, weighed against the protection of human rights and trade-offs. This paper discusses the concept of illegal evidence, the range of the values ??embodied. By comparing different countries on illegal evidence exclusion provisions, combined with the cultural traditions of China's laws and legal status, and proposed the establishment of illegal evidence exclusion rule is imperative, in line with China's national conditions should gradually establish illegal evidence exclusion rules in order to protect human rights to achieve justice . The discussion of the rules to exclude illegally obtained evidence, is divided into four main parts: the first part: illegal evidence exclusion rules defined. Through analysis, comparing the \\Part II: foreign illegal evidence exclusion legislation, and judicial. This section select the United States, Britain and other countries and regions in the Criminal illegal evidence exclusion rules, to tease out the different countries about the content of the rules, the following conclusions: Exclude words unlawfully obtained evidence is a national consensus; different rules on physical evidence unlawfully obtained countries, some countries have mandatory rule out, in most countries by the judge discretion; other evidence obtained contrary to the procedural rules in the countries illegally obtained evidence of Technology temptation investigation, polygraph identified generally make strict rules only apply to a specific, serious crime. Part III: illegal evidence exclusion rule value. Illegal evidence exclusion rules has profound conceptual basis, the protection of human rights, which restricts state power, the rule of law is the main value. Part IV: China construct illegal evidence exclusion rules. This section first analyzes the illegal evidence exclusion rules established rule of law, procedural justice, as well as the inevitable requirement of the rule of law. Secondly, that has some difficulties due to the impact of the traditional evidence system, non-individual rights-based, and the establishment of the rule. Finally, according to the the status quo of China's legislature, on the Establishment of illegal evidence exclusion rules envisaged.

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Code of Criminal Procedure
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