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Reflections About Illegal Evidence Exclusion Procedures

Author: DengShan
Tutor: YeQing
School: East China University of Political Science
Course: Legal
Keywords: Illegal evidence Exclude Program Burden of Proof Legal consequences
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 288
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Abstract


Accompanied by the acceleration of the process of the rule of law in China, the extent of the litigation civilization continue to improve, \To this end, our laws also continued with the introduction of the illegal evidence exclusion provisions, such as Section 43 of the Code of Criminal Procedure, Section 61 of the Supreme Court \, the Supreme People's Procuratorate, People's Procuratorate of the Rules of Criminal Procedure 365. But is limited to the provisions of principle, there is no specific operating procedures, difficult to play an effective role in the judicial practice. July 1, 2010, jointly issued by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, the Ministry of National Security, the Ministry of Justice, \Provisions on Several Issues \These two provisions to fill our blank criminal illegal evidence exclusion rules applicable procedures, is of great significance. But look, we can not fail to see that the two provisions still exist Illegal Evidence Exclusion program design is too rough, provisions overly principles, subject to further refine and improve. In this paper, the contents of the two provisions, Brief Analysis on China's illegal rules of evidence, and to put forward their own views of their deficiencies. The article first defined the concept of illegal evidence, divided into the \That for the former, it should be absolutely excluded, and the latter should allow the prosecution correcting. Second a comparative study of the scope of the illegal evidence, the scope of the exclusion of illegally obtained evidence the two provisions set to make the appropriate assessment, propose a general standard should be required for evidence of illegal words to exclude addition to torture and the threat of violence the two means other than illegal way to obtain evidence of illegal words. The third part of this article on illegal evidence to exclude the application of the proposed main proposed time, the burden of proof, the legal consequences of a comparative study. Finally, a critical analysis of the provisions of two pieces of evidence that should be refined to exclude evidence of illegal words provisions to further refine the description of torture and to prevent the use of illegal evidence means. The same time improve the system for the protection of the accused, witnesses, and able to play its due role in the illegal evidence exclusion rules. Illegal evidence exclusion rule is the inevitable result of modern human society, respect for human rights, the protection of human rights, and the pursuit of the development of the concept of procedural justice. Two evidentiary provisions in the program to provide a legal basis for the Exclusion of Illegal Evidence few years will stay on the books of theoretical knowledge into workable legal requirements. Although the two provisions is not perfect, but I believe on this basis, through academic, judicial practice departments, as well as other community efforts, China's illegal evidence exclusion program is bound to be perfect, and eventually formed a line with China's national conditions the illegal evidence exclusion rules.

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