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

Criminal illegal evidence exclusion rule

Author WuJiaJia
Tutor XieYouPing
School Fudan University
Course Legal
Keywords Illegal evidence Exclusion rules Institution building
CLC D925.2
Type Master's thesis
Year 2010
Downloads 576
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Illegal evidence exclusion rule is an important part of the system of criminal evidence , major national legislation as well as the relevant United Nations conventions confirmed the rules to some extent . Although the countries of the world have different requirements , but some universal values ??implied by the rule , such as the protection of human rights , procedural justice , has been widely recognized in all countries . In China as soon as possible to establish a more complete illegal evidence exclusion rules , not just in order to conform to the trend of the world , is to build a socialist country under the rule of law to create the necessary institutional conditions . This paper is divided into four parts , and is structured as follows : The first chapter is divided into two parts . The first part of the concept of illegal evidence and illegal evidence exclusion rules were defined in order to provide for the subsequent chapters discuss the premise ; second part discusses the value base of the rule is to protect the concept of human rights , to limit public power concept and procedural justice philosophy. The second chapter is mainly related legislation and judicial practice of the two legal systems were investigated . The first part of the selected two representatives of countries of the Anglo-American legal systems of the United Kingdom and the United States , which is the most detailed to the rules of the birthplace of the U.S. introduction . The second part of the representatives of the civil law countries , Germany and Japan were investigated . The first part of the third chapter visits from a constitutional and procedural law , judicial interpretation of the three levels of legislative and judicial status quo on the rules . The second part that of establishing the rules faced three major obstacles that attitudinal barriers , obstacles on the judicial system , as well as evidence of institutional barriers . Chapter IV discusses the construction of illegal evidence exclusion rules , mainly includes three aspects: Mindset Perfection of Legislation and supporting institution building .

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