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Restructuring China’s Exclusive Rule for Illegal Evidentiary Statement

Author: WuXianPing
Tutor: HuangJie
School: Hunan Normal University
Course: Legal Theory
Keywords: evidentiary statement illegal evidence illegal evidentiary statement exclusive rule for illegal evidentiary statement
CLC: D925.2
Type: Master's thesis
Year: 2004
Downloads: 97
Quote: 0
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Abstract


The adoption of the criminal illegal evidentiary statement is a difficult problem for the judicial practice, also a hot issue for the legislative institution, judicial organization and academic circles. The adoption of illegal evidentiary statement is related to the value of substantive truth and procedural due process, controlling crime and protecting human rights, the realization of balancing the interest conflict of state power and citizen rights. This article thus aims at introducing the exclusive rule for illegal evidentiary statement of the western developed countries, such as Britain, America, French, German, Italy and Japan etc, analyzing the legislation flaw of the present exclusive rules for illegal evidentiary statement in China, thus proposing the restructuring effective exclusive rule for illegal evidentiary statement which is suitable for Chinese situation with detailed advices on how to restructuring and detailed safeguard system.This article is mainly composed of four parts:Part Ⅰ: Primary category of exclusive rules for illegal evidentiary statement. Firstly, this part will define the concept for illegal evidentiary statement on the basis of introducing what is evidentiary statement, and hold that illegal evidentiary statement means that the investigation personnel, such as police, acquire the criminal suspect or defendant’s statement by the means of torturing, treating, luring, deceiving or through unlawful process, then will analysis the significance of exclusive rules of evidentiary statement.Part Ⅱ: Foreign countries’ legislation for exclusive rule for illegal evidentiary statement. By introducing the continental genealogy of law and Anglo-American genealogy of law’s representative legislation for exclusive rule of illegal evidentiary statement, we can come to a conclusion that many countries have built perfect exclusive rule for

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