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On Perfection of illegal evidence exclusion rule

Author: YuanYingYong
Tutor: WangHaiYan
School: China University of Political Science
Course: Legal
Keywords: Illegal evidence Violation of procedure Mandatory exclusion Fruit of the poisonous tree
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 256
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Abstract


The exclusionary rule in criminal proceedings as an important rule , by the U.S. Supreme Court to constitutional amendment as the basis for the establishment through the form of jurisprudence , and with the U.S. influence on the world and the world-wide trend of the rise of human rights gradually extended to all over the world . Exclusionary Rule was born in the beginning mainly limited to violations of procedural criminal law of evidence obtained ; its purpose is to limit state power , to prevent the police and other criminal justice personnel conduct illegal evidence . The world 's exclusionary rule probably has three stages : the first stage to exclude illegal verbal evidence stage ; second stage to exclude illegal physical evidence stage ; The third stage is the fruit of the poisonous tree exclusion stage ; various stages is the progressive development of the relationship . As the level of economic development of countries and the rule of relatively large gap between the level of civilization , correspondingly, the world's exclusionary rule stage of development also varies . Due to historical reasons , China's exclusionary rule of relatively late , and the corresponding provisions of legislation is relatively rough principles for the definition of illegal evidence exclusion ranges , etc., are still at a relatively early stage, more about the illegal evidence excluded by the judicial interpretation of the provisions of the regulations. In 2010, the Supreme Court , Zuigao Jian and other authorities jointly issued \The introduction of two rules of evidence so that our exclusionary rule has been a huge improvement , especially in terms of illegal evidence exclusion words , has been a qualitative leap. I will combine these two rules of evidence for our current exclusionary rule analysis and the existing rules of evidence exists deficiencies, and further analysis of the reasons for the deficiencies , and then come to our exclusionary rule need to be perfected presented improve our exclusionary rule proposal , drawn the conclusion.

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