论我国刑事诉讼中的非法证据排除规则-法律专业论文.docxVIP

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract In recent age, with the reorganization of the protection of human rights strengthening and the development of criminal lawsuit, exclusionary rule of illegally obtained evidence in criminal procedure is accepted little by little by many countries. It plays a vital role in strengthening the protection of human rights. It not only can protect the human rights but also can avoid torture in criminal lawsuit. However, the exclusionary rule can’t enforce completely in the practice. Torture and other illegal means of collecting evidence are not thoroughly prohibited in our country, which is related with the problem of law and judicial explanation. Especially, there isn’t the perfect procedure of the exclusionary rule. The procedure of the exclusionary rule mainly includes six steps. It is essential to draw the lessons from the experience of other national making of the exclusionary rule for making these steps. In recent years, educational circles of criminal law have already made the certain research about the exclusionary rule. The paper analyzes the current shortage of the exclusionary rule in criminal procedure in our country by researching pertain to some papers and works. At the same time, draws some lessons from the experience of other national making of the exclusionary rule by comparing among different countries. The paper also takes forth some specific proposals and some measures to step up development and perfection of the exclusionary rule in our country. Trying to improve the exclusionary rule according to the Chinese state, and then can build up the really exclusionary rule of illegally obtained evidence in criminal procedure in our country. Key Words: Illegally obtained evidence ; Exclusionary rule ; Value comparison; Detail measures PAGE IV PAGE IV 目 录 摘 要 I Abstract II 引 言 (1) 一、刑事诉讼中非法证据排除规则概述 （一）非法证据的概念 (4) （二）非法证据排除规则的概念(4) （三）我国刑事诉讼中的非法证据排除规则的概念(5) 二、世界刑事诉讼中非法证据排除规则立法典型国家的规定 （一）美国非法证据排除的规定(6) （二）英