非法证据的上诉审研究诉讼法学专业论文.docxVIP

Abstract Abstract 1 1 2 2 The dissertation is made up of three parts: introduction, main body and conclusion, The main body is divided into three parts. Full text is more than a total of 38,000 words. The part of introduction explains the meaning and research value of Appeal Trial of Illegal Evidence, as well as the basic idea and question of this dissertation. On scope of research Appeal Trial of Illegal Evidence is targeted to appeal procedure, on object of research is targeted to the relief of illegally evidence in issue, and on method of research is typological analysis of criminal procedure. From the view of theoretic research, Chinese scholars focused more on illegal evidence rule itself and rarely specifically discussed appeal procedure of illegal evidence in issue. From the aspect of practical operation, if we don?t provide corresponding appeal procedure of illegal evidence, two parties in criminal procedure would have no relief channel on illegal evidence in issue, and which would consequentially weaken the Illegal Evidence Rule Act. First part of main body describes the present situation and problems of Appeal Trial of Illegal Evidence in our country. There is no specific legislation in detail on this problem, and the active statute exists insufficiencies in five aspects: the unknown conclusion of trial court, the blurry appeal right of the accused, the one-sided appeal object, the indefinite judicial behavior of trial court and the oblivious relief of prosecution. Second part of main compares Appeal Trial of Illegal Evidence of U.S.A with that of Germany. Overall, the two countries have the same characters as follow: diversity on start-up of appeal procedure, clarity on grounds of appeal, operability on rule of judgement. At the same time they also show the different points as follow: active and passive way on review, bi-directional and unilateral nature on grounds of appeal. Through the comparison of the appeal trial of illegally evidence, we can easily