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The value of illegal evidence exclusion rules Analysis
The value of illegal evidence exclusion rules Analysis
Abstract Construction of China’s rule of excluding illegally obtained evidence has become a hot topic of China’s legal circles and problems. To establish what kind of an exclusionary rule, and how to establish the scholars have become troubled. Evidence of illegal exclusionary rule Analysis and based on the underlying values of the choice on this basis will solve this problem has a very important theoretical and practical value. Therefore, it is necessary to exclude the rules of evidence through illegal jacket, detailed analysis of its value.
Keywords exclusionary rule illegally obtained evidence illegally obtained evidence the value of the interests of
In recent years, as China’s progressive development of law, for evidence of research, particularly the rules of evidence and its application in China, have become the focus of the scholars discussed in many of the rules of evidence in particular, the rules on illegal evidence exclusion applied research of the most complex and most controversial, reason, both our history and traditions of cultural influences, but also the rules themselves reflect a wide range of value conflict, it is difficult to choose. Even as the United States such a program of national supremacy, rule of excluding illegally obtained evidence is also in the fierce debate over the establishment and develop.
Illegal evidence exclusion rule (Exclusionary Rule of Illegally Obtained Evidence) refers to the unlawfully obtained confessions and illegal searches and seizures, to exclude the evidence obtained can not be used as evidence of finalizing the rules. Illegally obtained evidence, whether presented as evidence in court, whether as a conviction under, “is the value most likely to occur in criminal proceedings the issue of conflict.” [1] is not a profound understanding of the value of the rules of evidence illegally, they can not properly build our country’s rule of excluding ill
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