Translated Abstract
The evidence plays an irreplaceable role throughout the criminal procedure, and it has the double attributes of legal value and social value. The important basis of conviction and sentence in a case is evidence, which is the support of the whole criminal procedure. At the same time, it is also a means to safeguard the legal rights of criminal suspects and defendants, and it is also an effective basis for witnessing whether the entire investigation process complies with legal provisions. The illegal evidence exclusion rule originated in the United States, and it can be greatly concerned by the judicial organs and theoretical circles in China. The most important reason is that the rule contains extremely important values such as human rights protection and due process. In order to ensure the smooth implementation of the procedure of excluding illegal evidence, a series of supporting systems are needed, among which the protection of the rights of the parties and the effective guarantee of the right to defense of lawyers are the most important.
The illegal evidence exclusion rule is one of the core parts of criminal evidence, which plays a key role in the fairness of trial and the appropriateness of conviction and punishment. At present, China has established the rule of excluding illegal evidence, but the phenomenon of relying on illegal evidence in judicial practice still exists. China's illegal evidence exclusion system established late, is still in the initial stage, the relevant supporting system has not yet been fully established, far from achieving the desired results. With the introduction of the central government's policy of governing the country by law, the rule is gradually being improved. This paper analyzes the problems existing in the legislation and application of the exclusion rules of illegal evidence in China, the difficulties encountered in the exclusion process, and the advantages and disadvantages of the exclusion rules of the two major legal systems of the United States, the United States and the mainland, and summarizes the empirical research of some domestic scholars. By drawing lessons from foreign advanced systems to establish and improve our country's interrogation lawyers present system, simultaneous audio and video recording system, investigators to testify in court system and the illegal evidence of investigators disciplinary measures. It is helpful to the development of criminal procedure and the improvement of judicial civilization in our country by improving the content of the rule of excluding illegal evidence.
Translated Keyword
[Exclusionary rule, Perfect, Unlawful evidence]
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