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Research on Illegal Obtained Evidence Exclusionary Procedure

Author: SunYan
Tutor: HaoYinZhong
School: China Youth Political College
Course: Criminal Law
Keywords: Illegal evidence Exclude Pattern Pre-trial proceedings
CLC: D915.3
Type: Master's thesis
Year: 2007
Downloads: 213
Quote: 2
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Abstract


Illegal evidence exclusion program function to play procedural safeguards on the exclusion of illegal evidence, it is the operational rules on illegally obtained evidence should be excluded, including the exclusion of illegal evidence in what form start, the referee should be in what capacity and The referee, in the form of how to allocate the burden of proof and the standard of proof issues such as how to measure. If there is no illegal evidence exclusion rules of procedure and evidence to rule out that it is impossible to enter the stage of the proceedings become a problem to be solved. Establishment of significance of the exclusionary rule is to use passive means to prevent the abuse of public power, the ideal state and the exclusion of evidence is the evidence we shall not have any impact on the facts of the case. Consider these two aspects, it is necessary to strictly control the scope of exclusion of illegal evidence, but also to establish an effective exclusion program, really does not affect the judge identified in the proceedings to ensure that the evidence to be excluded. The specific situation of the world, in order to achieve this ideal state, the different legal systems have made their own procedures set efforts. Judging from the present circumstances, the fact that the trial represented by the United dual mode of action and legal trial phase separation can best achieve this effect, and the civil law inquisitorial mode of action, including my countries in this regard, there are still many problems. This paper attempts to construct suitable for China's implementation of the rules of procedure for exclusion of illegal evidence, the exclusionary rule to truly enter into litigation activities do play the basic functions of the protection of human rights. The contents of the topics of research is to establish and improve our referee program on the exclusion of illegally obtained evidence, the actual operational rules, the text is divided into five chapters. The first chapter of the problem analysis defined the status of the program, excluding illegally obtained evidence. The second chapter is to exclude illegal evidence procedures applicable mode of foreign countries to the exclusion of illegal evidence procedures set by the legislative and judicial efforts. Chapter exclude illegal evidence of the value of the program based on the content of the topics of the legal analysis. Chapter IV of exclude illegal evidence procedures mode select, focus on the construct and exclusion procedures to adapt the structure of litigation. The fifth chapter of the specific rules of the program to exclude illegally obtained evidence of the exclusionary rule set specific operational problems.

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