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Concerning Criminal Lawsuit Illegal Evidence Rule

Author: JiaHuiMin
Tutor: WuZeYong；XueShengLi
School: Henan University
Course: Procedural Law
Keywords: Exclusionary Rule Protection of human rights Background Silence
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 475
Quote: 0
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Abstract

Exclusionary rule, refers to the criminal proceedings, because the evidence of access methods unlawful, the evidence which led to its capacity (Evidence qualifications) are excluded and can not be adopted by the court and as a basis for conviction and sentencing rules. Exclusionary rule originated in the United States, with more typical Anglo-Saxon countries, and gradually being accepted by the Western countries, and finally become a general practice internationally. Exclusionary rule is the essence of the protection of human rights as well as the constraints of the public power, but also respond to the needs of the basic national conditions. This paper describes the exclusionary rule's history and the exclusionary rule's basic connotation exclusionary rule produced in Anglo-American, Anglo-American countries in the development of more fully, not just because the two countries on the exclusionary rule study a long time, but also because the doctrine of natural rights Anglo-Saxon countries, they think the purpose of the law is to protect the human rights of the exclusionary rule is to limit the public authority itself, the protection of human rights a rule, at a deeper level to meet the Anglo-Saxon countries legal needs. Germany and Japan have been the exclusionary rule into its own legal system, too, out of a combination of its own national conditions discretion exclude patterns on the road, but also caters to Germany and Japan as well as free proof inquisitorial trial features. Secondly illegal evidence exclusion rule introduced the function and value of the exclusionary rule the reason why in many countries and even in the international community has a certain status, it must have been his indelible functions and values ??such as human security, the promotion of justice, limit public power, curb illegal evidence and so on. American model and strict exclusion, Germany, Japan and the discretionary exclusion patterns weigh mode of Taiwan to conduct a detailed analysis and comparison, and more countries the status of illegal evidence exclusion rule for a brief visit, that the country illegally level of development of the exclusionary rule is not consistent, and found that the exclusionary rule is not that the adequacy of the development of the theory is advanced. I believe that the United States illegally evidence exclusionary rule developed more fully, for more thorough exclusion of illegal evidence, subject to compulsory exclusion mode, but below Germany, Japan and China's Taiwan region analysis, the author believes that the exclusionary rule is the most important The rule of law combined with the adequacy of their national conditions, the ability to respond to the needs of their own proceedings. Author of China in the exclusionary rule legislation and judicial development status and found that the release of our country \Constitution, Criminal Law, Criminal Procedure and the Code of Civil Procedure Law and other relevant provisions of some of these requirements are not uniform and there is conflicting parts. And \the fruit be clearly defined, but relative to the previous illegal evidence exclusion rule in our country has already made great progress. Based on the previous analysis, that the country can be developed on the basis of existing trends and space should not only change in the concept, it should be in the institutional reforms. Further pointed out that we should follow the international trend of human rights protection, the protection of human rights in upholding the constitutional premise, combined with China's national conditions as well as judicial tradition, I believe that the following measures should be adopted to improve our exclusionary rule, the first trial in a transparent preventive effect reached beforehand, this measure is not only to protect the suspect may have forensic evidence that withstood the illegal behavior, but also to protect the forensic officers will not be subjected to false accusations of criminal suspects. Second Detention Center and other institutions to ensure a neutral, I believe the detention center where a variety of bizarre earlier death gave us a great shock, detention neutrality, from the dominion of the public security organs to help resolve this situation. The third expansion of attorney privilege in order to protect the parties are not infringed, given the presence of lawyers questioning the right to have a lawyer involved in the investigation process in a timely manner, not only to protect the legitimate rights and interests, and can conduct the investigation on the investigating authorities played supervision, supervisory role. Finally the parties establish a right of action to protect the right to silence, this is for our country, \

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