the procedural law on Paper: the analysis of reason and Solution——Example of illegal evidence exclusion rules In our criminal field
Gao Yong
Abstract
Gao Yong
Abstract
Although there is illegal evidence exclusion rules,we still can not effectively Put an end to the phenomenon of illegal evidence such as torture and unjust case.There are two Fundamental causes about it.First,because conflicting with the traditional concepts,It is unable to get people's respect in cognitive.Second,the rule of law is not perfect,that is,the law having no sufficient authority.Naturally,the illegal evidence exclusion rules may not be respected in practice.At present,if we want the Exclusionary Rule works in the prevention of acts of illegal evidence such as torture,we should Strengthen supervision In the implementation of it,Including oversight such as those from Communist Party of China,People's Congress,Media and Mutual supervision.among the Judiciary.
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Although there is illegal evidence exclusion rules,we still can not effectively Put an end to the phenomenon of illegal evidence such as torture and unjust case.There are two Fundamental causes about it.First,because conflicting with the traditional concepts,It is unable to get people's respect in cognitive.Second,the rule of law is not perfect,that is,the law having no sufficient authority.Naturally,the illegal evidence exclusion rules may not be respected in practice.At present,if we want the Exclusionary Rule works in the prevention of acts of illegal evidence such as torture,we should Strengthen supervision In the implementation of it,Including oversight such as those from Communist Party of China,People's Congress,Media and Mutual supervision.among the Judiciary.
Key concepts: Torture, Phenomenon, Law, Political science, Exclusionary rule, China, Criminal law, Criminology