论排除非法证据的程序-诉讼法学专业论文.docx

II II Research on the procedure of exclusion of illegal obtained evidence Abstract The exclusionary rule has been written in the low of our country. It’s a big step that no matter in the procedure of perfecting criminal prosecution or protection of defendant. But without the procedure of exclusion of illegal obtained evidence, it will be nothing in the fact. A complete exclusionary rule should include the procedure of exclusion of illegal obtained evidence. The exclusion procedure will complete the rule, meet the need in the practice and accomplish the objective of build the exclusion of illegal obtained evidence. The content in the new criminal law make it possible to build the procedure. Because of the new content making it possible to exclusive illegal obtained evidence. In the premise that we have no experience, learning other countries’ experience will help to build the procedure for our country. By learning, we can know that independent is a generality. When we build our procedure, we must focus on independence and consider about the special situation in our country. Formulate some questions in building the procedure and some ideas. The problems in the practice such as lodging an appeal, the affect of procurator organ can’t be ignored. All of them are very important in the respect of exclude illegal obtained evidence. We need make unceasing efforts and research on how to build the procedure of exclusion of illegal obtained evidence and what kind of procedure. Building the procedure is not only for completing criminal law but also for protecting the rights of suspect. Key words: illegal obtained evidence exclusion procedure independent 目 录 中文摘要I Abstract II 引言 1 第一章 建立排除非法证据的程序之必要性2 一、建立排除非法证据的程序有助于完善非法证据排除规则 2 二、建立排除非法证据的程序便于司法实践具体操作 3 三、建立排除非法证据的程序符合非法证据排除规则的设立目的 3 第二章 排除非法证据程序的模式5 一、国外排除非法证据程序的模式 5 （一）美国排除非法证据的程序之审前程序5 （二）英国排除非法证据的程序之审判中的审判程序6 （三）日本排除非法证据的程序之声明异议程序6 （四）俄罗斯排除非法证据的程序之庭前听证程序7 二、我国排除非法证据程序的模式选择 7 （一）新刑诉法实施前关于排除非法证据程序的