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On the exclusionary rule in our country improve

Author: WangYingLong
Tutor: WangHaiYan
School: China University of Political Science
Course: Procedural Law
Keywords: Illegal evidence Oral Evidence Physical evidence Range Exclude
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 610
Quote: 0
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Abstract


Exclusionary rule applies to the scope of the applicable model is the core of the exclusionary rule content. Exclusionary rule applies in general can range from verbal evidence, including illegal and unlawful physical evidence and evidence obtained through illegal evidence, namely, \\fruit of the poisonous tree. \The purpose of the exclusionary rule is not intended to prevent judicial miscarriage of justice, abuse of power by officials, but to suppress human rights violations. As a procedural sanctions and remedies as a right, in order to achieve suppression of illegal police abuses and protect people from unlawful infringement, the scope of the exclusionary rule is not limited to evidence of illegal words. This paper is divided into four chapters. The first chapter discusses the concepts of illegal evidence, resulting in the development of theoretical basis and scope of application. The second chapter introduces the Western countries exclusionary scope of the rules, including illegal physical evidence, testimonial evidence and the fruit of the poisonous tree. Through the introduction, that the exclusionary rule is intended to deter illegal evidence by excluding evidence of police illegal behavior in order to protect human rights, not only to prevent torture and miscarriages of justice. Chapter III presents and discusses the scope of the exclusionary rule applies to the provisions of law in our country. I believe that our exclusionary rule scope is too narrow, excluding illegally obtained evidence in establishing rules to prevent miscarriages of justice for the purpose of the rule is more or less ignored the original intention - to protect human rights. And on the impact of the exclusionary rule scope of local factors were analyzed. The fourth chapter is the focus of this article, in line with the purpose of protecting human rights from the perspective of the scope of application of the exclusionary rule of the establishment of sound made several recommendations. The first is to improve the procedural requirements of the law, the law enforcement measures should improve the procedural requirements, so that the behavior of the investigation carried out according to the law, to establish judicial writ doctrine and judicial review system such as the application of the exclusionary rule established prerequisite; followed from the scope of the proposed rules on illegal evidence exclusion perfect recommendation that the level according to the degree of violation for each form of evidence applicable to the exclusionary rule for analysis. Conclusion: With the social and economic development, the growing awareness of citizens 'rights, litigation system developed, the exclusionary rule should be gradually expanded the scope of application, applicable procedures and supporting systems should also be improved gradually, in order to protect citizens' basic rights. The rule formulated as a right to relief machine will play a bigger role in safeguarding human rights. Meanwhile, the exclusionary rule will also promote the development and improvement of investigative techniques and methods of continuous improvement.

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