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China Construction of illegal evidence exclusion rule

Author: ZuoLiPing
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Procedural Law
Keywords: Illegal evidence Exclusionary Rule Criminal suit
CLC: D925.23
Type: Master's thesis
Year: 2008
Downloads: 325
Quote: 2
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Abstract


Illegal evidence is evidence with respect to lawful purposes. Evidence of illegal trade-offs, not just a purely legal decision problem, it is actually a legal values ??associated with the value of trade-offs, it is criminal legal value in judicial practice the concentrated expression. Exclusion of illegal evidence value goal is to protect human rights, limiting public power, the pursuit of procedural justice, the interests of justice. Britain and other common law countries and civil law countries such as Germany are expressly provides exclusionary rule and establish corresponding sound legal system. For evidence of illegal material can be admissible as evidence, criminal procedure does not specify, performed only in the judicial interpretation of the provisions in principle. Faced with this not the system, not clearly defined, judicial and procuratorial organs has not been strictly adhered to, it is difficult to operate, resulting in judicial practice torture and other illegal acts evidence despite repeated prohibitions, miscarriages of justice continue to breed. In recent years, as China's legal system for foreign evidence study and learn and fulfill relevant international obligations, so that our penal system has also been some changes. From country to join the United Nations signed the \Procuratorate of the \However, by the words of these illegal collection of evidence derived from the physical evidence, physical evidence gathered illegally can not be ruled out, the Criminal Procedure Law and relevant judicial interpretations are not specified. If not be completely ruled out, will lead directly to the trial evidence that can be used very little. Would ultimately affect the identification of cases of the truth and bring serious consequences of ineffective against crime; excluded if only untrue, unreliable evidence of violations of constitutional rights of citizens still use evidence obtained is undoubtedly encourage illegal law enforcement, then the Constitution dignity also gone, abuse of state power, justice is also difficult to achieve. Therefore, the establishment and improvement of the exclusionary rule is necessary to protect the rights of citizens, but also to adapt to the needs of development trends in criminal proceedings, it is necessary to establish a socialist country ruled by law. The author from the United States established exclusionary rule to inspect the original form and studies start, objectively summarize and analyze the relevant foreign exclusionary rule legislative provisions, on the basis of in-depth study and research of the exclusionary rule in the legislative and judicial practice, shortcomings and defects appear, and then explore the Construction of the exclusionary rule in the future way out.

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