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Obtained by torture illegal exclusion of testimonial evidence

Author: QuHuiJing
Tutor: WangMinYuan
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Torture Evidence of illegal words Exclusionary Rule Burden of Proof
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 525
Quote: 1
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Abstract


To torture testimonial evidence illegally obtained the exclusion of illegal evidence exclusion rule as an important part of the rules of evidence in our country occupies an extremely important position. Compared with foreign exclusionary rule focuses on the physical evidence excluded, our greater concern is the illegal exclusion of testimonial evidence, which is mainly based on our repeated torture, and the resulting miscarriages of justice continue to occur. This article is based on the words of illegal evidence exclusion of theory and practice, with reference to foreign practices and experiences, in order to verify how the testimonial evidence illegally obtained by torture as the core, in order to achieve the testimonial evidence illegally obtained by torture to exclude further improved. In addition to the introduction and conclusion, the paper is divided into five chapters: The first chapter is about to torture testimonial evidence obtained illegally excluded from the basic theoretical issues. First, define torture and illegal verbal evidence concept. Secondly, the introduction of illegal evidence exclusion rules outlined verbal basic elements: illegal evidence exclusion of substantive and procedural different perspectives; illegal evidence exclusion verbal patterns and their effectiveness; illegal testimonial evidence and physical evidence illegally difference. The second chapter is unlawful to exclude testimonial evidence legislative visits. In this chapter, first introduced the current situation of China's legislation; followed by the relevant provisions of the International Covenant on narrative; finally introduces two legal representative national regulations and on the basis of two legal systems of the exclusionary rule illegal words do comparative studies. The third chapter is the illegal practice of verbal evidence excluded. Legislative provisions mainly relates to the inadequacies and shortcomings in judicial practice. Legislative provisions which the inadequacies of mainly based on \The fourth chapter is about to torture testimonial evidence obtained illegally excluded from the core issue is divided into three parts, one trial stage verification of torture, from the following aspects: 1. Program startup; 2. Court preliminary examination and active investigation; 3. proof allocation of responsibilities; 4. proof standard; 5. judicial relief program. Second, approved the arrest, prosecution phase of verification of torture, mainly on two main elements, namely: 1. Our prosecutors and the exclusionary rule; 2. Procuratorial organs exclusion of illegal evidence in the proceedings preliminary design. Third, the burden of proof of illegal verbal evidence theory focuses on the investigation of foreign legislation; evidence of illegal obligations theoretical discussion; evidence of illegal responsibility legislation and practice. The fifth chapter is unlawful to exclude testimonial evidence supporting System. Mainly involves five aspects of research and study: First, the judicial system health checks; Second is to establish the presence of counsel right system; three are synchronized audio and video recording system; four places of detention and interrogation system is perfect; Fifth, improve the body of illegal evidence disciplinary mechanisms.

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