The exclusionary rule of illegal evidence, known as the exclusionary rule of illegal evidence, generally refers to the rule that law enforcement agencies and their staff do not use the evidence obtained by illegal acts in criminal trials. This rule came into being in the United States in the early 20th century, and was gradually adopted by other United Nations organizations as countries and organizations.
In modern society, the protection of human rights has become the consensus of constitutions and criminal procedure legislation in countries and regions around the world. It is based on this understanding that most countries have recognized and established the exclusionary rule of illegal evidence.
In modern society, protecting human rights has become the consensus of constitutions and civil litigation legislation in countries and regions all over the world. It is based on this consensus that most countries have recognized and established the exclusionary rule of illegal evidence.
Establishing and implementing the exclusionary rule of illegal evidence is the need to protect the constitutional rights of Chinese citizens, to prevent illegal evidence collection, to promote civilized investigation, to safeguard judicial dignity, and to prevent and reduce unjust, false and misjudged cases. It is of great practical significance for our country to establish and implement the exclusionary rule of illegal evidence.
Establishing and implementing the exclusionary rule of illegal evidence is the need to protect the constitutional rights of Chinese citizens, to obtain evidence, to promote civilized investigation, to safeguard judicial dignity, and to prevent and reduce unjust, false and misjudged cases. It is still of great practical significance for our country to establish the exclusion rule of adding illegal evidence.
This paper consists of preface, text and conclusion, in which the text is divided into four parts.
This paper consists of preface, text and conclusion, in which the text is divided into four parts.
The first part: firstly, it is an overview of the exclusionary rule of illegal evidence, including the meaning and conceptual basis of the exclusionary rule of illegal evidence.
The first part: firstly, it is an overview of the exclusionary rules of illegal evidence, including the meaning and basis of the exclusionary rules of illegal evidence.
The second part reviews the origin, establishment and development of the exclusionary rule of illegal evidence and the general situation of various countries.
Since the exclusionary rule of illegal evidence originated in the United States, its establishment and development in the United States are mainly related to its background, establishment and development. For the overview of the exclusionary rules of illegal evidence in various countries, the author chooses three countries, namely Britain and another typical country of common law system. Germany, a model of civil law countries; Japan, also deeply influenced by feudal culture, was a close neighbor of China before the legal reform in China. The establishment and implementation of exclusionary rules of illegal evidence in these countries are studied and analyzed.
The second part reviews the origin, establishment and development of the exclusionary rule of illegal evidence and the general situation of various countries. Since the exclusionary rule of illegal evidence was introduced into the United States, the concern for people is also the main reason for the background, establishment and development of the exclusionary rule of illegal evidence in the United States. For the general situation of exclusionary rules of illegal evidence in various countries, the author chooses three countries, namely Britain and another representative common law country; Germany, an example of civil law countries; Japan, as a close neighbor of China, is deeply influenced by feudal culture, but the reform of legal system is ahead of China. The establishment and implementation of exclusionary rules of illegal evidence in these countries are studied and analyzed.
Part III: Exceptions to the exclusionary rule of illegal evidence. The exceptions to the exclusionary rule of illegal evidence include the exception of good faith, the exception of refuting the defendant and the exception of the principle of "fruit of poison tree".
Part III: Exceptions to the exclusionary rule of illegal evidence. The exceptions to the exclusionary rule of illegal evidence include the exception of good faith, the exception of refuting the defendant, and the exception of the principle of the fruit of poison tree.
The fourth part: the construction of the exclusionary rule of illegal evidence in China.
The fourth part: Thoughts on constructing the exclusionary rule of illegal evidence in China.
This paper first analyzes the present situation of the exclusionary rule of illegal evidence in China, then analyzes the difficulties in establishing and implementing the exclusionary rule of illegal evidence in combination with the actual situation in China, and emphasizes the practical significance of establishing and implementing the exclusionary rule of illegal evidence in China.
Firstly, this paper analyzes the present situation of the exclusionary rule of illegal evidence in China, then analyzes the difficulties in establishing and implementing the exclusionary rule of illegal evidence in China, and emphasizes the practical significance of establishing and implementing the exclusionary rule of illegal evidence in China.
Based on the above analysis and difficulties, this paper puts forward that the exclusionary rule of illegal evidence can be truly established in China and truly implemented in judicial practice. The author puts forward some feasible and operable suggestions on constructing the exclusionary rules of illegal evidence in China. It is believed that after a period of efforts, the exclusionary rule of illegal evidence in China can be truly established and implemented, and the expected complete form of exclusionary rule of illegal evidence can be achieved in combination with the actual situation in China.
Based on the analysis of the above difficulties, it is proposed that the exclusionary rule of illegal evidence can be formulated in China. The author puts forward some feasible and operable suggestions on constructing the exclusionary rule of illegal evidence in China. I believe that after a period of efforts, the exclusionary rule of illegal evidence in China can establish and implement a complete exclusionary rule, and truly achieve the actual combination expectation of the exclusionary rule of illegal evidence in China.
That's enough.