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On Perfection of illegal evidence exclusion rule

Author: ZouGuangBin
Tutor: ZuoChunLei
School: Jilin University
Course: Legal
Keywords: Illegal evidence Exclusionary Rule Protection of human rights
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 382
Quote: 4
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Abstract


Evidence in criminal proceedings is the center of gravity , to dominate the proceedings. Therefore, the method for obtaining the evidence increasingly cause for concern . In this context , the exclusionary rule came into being. It was born not only regulate the means of evidence law enforcement officers , but also the people's legitimate rights and interests have been better protected. But in our judicial practice , illegal evidence in criminal proceedings may be used as the basis or may not be believed it has not yet conclusive. The world of illegal evidence exclusion understanding of the rules are not the same , the use of methods is quite different. As the international community 's growing concern about human rights issues . China also must seize the time to build the exclusionary rule , but we can not fully adopt a foreign law must be based on China 's actual situation , to identify the most suitable way of achieving social equity and justice have great significance. In this paper, the concept of illegal evidence exclusion rules , values ​​and abroad to explore exclusionary rule , and the rule of illegal evidence exclusion construction make relevant recommendations .

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