Dissertation > Excellent graduate degree dissertation topics show

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
Read: Download Dissertation


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.

Related Dissertations

  1. Implementation and Research of Illegal Websites Detection System Based on Comparison Methods,TP393.08
  2. Liang Li case studies,D924.3
  3. The Criminal Analysis of the Suspected Crime of Illegal Medical Practice: A Case Study of Wang XX,D924.3
  4. Understandings of Illegality in Perspective of Chinese Criminal Law,D914
  5. China’s Criminal Suspect’s Rights Protection Institutions in Investgation Procedure,D925.2
  6. Research on Situation of Illegal Medical Practice and Management Measures in Anhui Province,R197.1
  7. Criminal Substantive Interpretation about Illegal Possession,D924.3
  8. On Torture and its containment,D925.2
  9. Protection the Act of Builders on Constructions,D923
  10. Research on the Phenomenon of Jailhouse Bully,D925.2
  11. The Law Dilemma and Crack Path on Chinese Illegal Occupation of Land,D922.3
  12. Research on Fishery Administration of Shandong Coast in the Late Period of the Qing Dynasty and the Republic of China,K29
  13. Commissioned by the administrative penalty system research,D922.1
  14. Research on the Several Problems of the Purpose of Illegal Possession in the Criminal Law,D924.3
  15. On the Illegal Deposit-taking Secured Help Make Identification,D924.3
  16. Study Onapplication of Proof Standard in Criminal Case,D925.2
  17. Research on Court Hearing in Death-penalty Case Trial of Second Instance,D925.2
  18. Protection and Relief to the Rights of the Prosecuted,D925.2
  19. The Legal Analysis of the Case about Li Qiutian Assembling and Selling Elevators,D920.5
  20. The Recognition Criterion of the Legitimacy of Oral Testimony in Judicial Practice,D925.2
  21. On the Problem of Illegal Management Crime,D924.3

CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile