2003He'nan shehui kexueRequires access

Thought about establishing the criminal system of illegal evidence-exclu sion rules

Yin Hong

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Abstract

It is a much more complex problem in criminal proceedings’theory and practice that whether we can convict the defendant of a crime by illegally seized evidence.Illegal evidence exclusion rules is an understanding process which excludes illegal evidence and applies legal evidence to ascertain criminal facts.However,this process can also realize the legal values and lawsuit goals.We must do well not only with two values of crime control and assurance of human rights,but also with the proper standards between real substance and fair proceedings,when we establish the criminal system of illegal evidence-exclusion rules based on our national conditions.

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What this paper is about

It is a much more complex problem in criminal proceedings’theory and practice that whether we can convict the defendant of a crime by illegally seized evidence.Illegal evidence exclusion rules is an understanding process which excludes illegal evidence and applies legal evidence to ascertain criminal facts.However,this process can also realize the legal values and lawsuit goals.We must do well not only with two values of crime control and assurance of human rights,but also with the proper standards between real substance and fair proceedings,when we establish the criminal system of illegal evidence-exclusion rules based on our national conditions.

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Available abstract

It is a much more complex problem in criminal proceedings’theory and practice that whether we can convict the defendant of a crime by illegally seized evidence.Illegal evidence exclusion rules is an understanding process which excludes illegal evidence and applies legal evidence to ascertain criminal facts.However,this process can also realize the legal values and lawsuit goals.We must do well not only with two values of crime control and assurance of human rights,but also with the proper standards between real substance and fair proceedings,when we establish the criminal system of illegal evidence-exclusion rules based on our national conditions.

Key concepts: Convict, Lawsuit, Law, Criminal procedure, Political science, Process (computing), Restitution, Criminology

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