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Excluding illegally obtained evidence in the Criminal Procedure Rules in China Construction

Author: ZhaoYanYong
Tutor: QuXin
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal Illegal evidence exclusion rules Build
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 638
Quote: 1
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Abstract


Criminal illegal evidence exclusion rules in a foreign country more than one hundred years of history, but the provisions of the relevant criminal proceedings excluding illegally obtained evidence is still immature. This is in line with China to vigorously promote the strategic principle of governing the country according to law, the requirements of building a socialist country ruled by law. How to build our country's criminal proceedings illegal evidence exclusion rules, but also the Criminal Procedure Law to modify the important issue facing the In this paper refer to the practices and experiences of foreign illegal evidence exclusion rules, based on the theory and legislative status quo of excluding illegally obtained evidence in criminal proceedings, they build illegal exclusionary rule in criminal proceedings do some crudely conceived. In addition to the introduction and conclusion, the main content is divided into five chapters: Chapter excluding illegally obtained evidence in criminal proceedings rules overview. The main content is a reference to domestic and international theory and practice, some of the concepts related to the illegal evidence exclusion rules to make defined. Such illegal meaning, the meaning of illegal evidence on the meaning of the excluded, a clear criminal proceedings illegal evidence exclusion rule is defined as: national judicial officer in criminal proceedings, the exercise of public authority, or the actual exercise of public functions and non-judicial in the process of gathering of evidence, the evidence gathered in violation of the legitimate rights of the forensics people, not as unfavorable evidence for the prosecution of persons to be adopted as rules of evidence. In this paper, the scope of the exclusionary rule of illegally obtained evidence in criminal proceedings and discourse. The second chapter is the analysis of the value of the rule excluding illegally obtained evidence in criminal proceedings. First introduced the legal profession at home and abroad on illegal evidence exclusion rule the pros and cons of the debate and their respective reasons. Followed by analysis pointed out that the legitimacy of the value of the illegal evidence exclusion rules which protect human rights, curb illegal forensics, and establish the concept of the supremacy of law. The third chapter is the comparison and reference of the rules excluding illegally obtained evidence in criminal proceedings abroad. I selected two legal representative of the United States, Britain, Germany, Japan as a research object, the circumstances and characteristics of their respective illegal evidence exclusion rules are briefly introduced and compared with analysis of their similarities and differences and the formation of the difference reasons, in order to build criminal proceedings illegal evidence exclusion rules as our reference and reference. The fourth chapter is illegal exclusionary rule in criminal proceedings in the present situation in China. This chapter of the Criminal illegal evidence exclusion rules in the current situation of China's legislative brief summary and analysis is proposed of the need to build criminal proceedings illegal exclusionary rule is: to establish criminal proceedings illegal evidence exclusion rules to curb illegal evidence collection practices and the needs of the protection of human rights, is to establish the concept of procedural justice and the rule of law, the need to conform to the trend of international justice and the need to achieve integration with the international standards of justice. The fifth chapter is illegal exclusionary rule in criminal proceedings of a specific building. This chapter is the core of this paper is divided into three: the first excluding illegally obtained evidence to define the scope. Be divided into three parts discourse, respectively, the exclusion of evidence of illegal words, include the following circumstances: (a), torture obtained oral evidence, (b), repeated oral evidence obtained after torture, (c), threats , enticement, deception from the oral evidence, (d), oral evidence collected by other illegal means; Second, the exclusion of evidence of illegal in-kind; Third, the illegal evidence exclusion of derivative evidence (the fruit of the poisonous tree); Section II the program conception of the rule excluding illegally obtained evidence in criminal proceedings. On five major issues in the design of the illegal evidence exclusion rule specific procedures are described, they are: an illegal evidence exclusion rules and procedures to be followed the principle of excluding illegally obtained evidence startup, illegal evidence review of the main and exclude the principal, the burden of proof and standard of proof of the illegal evidence, five, illegal evidence exclusion procedures; Section III excluding illegally obtained evidence in criminal proceedings rules supporting legal system settings. Of the interrogation system of the presence of counsel; evidence display system; forensics personnel to testify in court system of the three systems.

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