2004•Unpublished venueRequires access

Theoretical Analysis on Exclusionary Rule of Illegally Obtained Evidence

Zhu Yu-ling

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Abstract

The illegal evidence denotes the evidence took through an illegal way. The Exclusionary Rule of Illegally Obtained Evidence is invalid and can't be adopted in the court, for it disobeys the proceedings of law. Whether the illegal evidence has the evidence capacity and the Exclusionary Rule of Illegal Obtained Evidence should be set up or not, which mainly reflect clash and coordination of the value goals between punishing criminal and defending human rights. At the background of the defending human rights in the whole world, it has great significance for the setting of the exclusionary Rule of Illegally Obtained Evidence to ensure the civil rights and avoid state's overwhelming power.

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What this paper is about

The illegal evidence denotes the evidence took through an illegal way. The Exclusionary Rule of Illegally Obtained Evidence is invalid and can't be adopted in the court, for it disobeys the proceedings of law. Whether the illegal evidence has the evidence capacity and the Exclusionary Rule of Illegal Obtained Evidence should be set up or not, which mainly reflect clash and coordination of the value goals between punishing criminal and defending human rights. At the background of the defending human rights in the whole world, it has great significance for the setting of the exclusionary Rule of Illegally Obtained Evidence to ensure the civil rights and avoid state's overwhelming power.

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Available abstract

The illegal evidence denotes the evidence took through an illegal way. The Exclusionary Rule of Illegally Obtained Evidence is invalid and can't be adopted in the court, for it disobeys the proceedings of law. Whether the illegal evidence has the evidence capacity and the Exclusionary Rule of Illegal Obtained Evidence should be set up or not, which mainly reflect clash and coordination of the value goals between punishing criminal and defending human rights. At the background of the defending human rights in the whole world, it has great significance for the setting of the exclusionary Rule of Illegally Obtained Evidence to ensure the civil rights and avoid state's overwhelming power.

Key concepts: Exclusionary rule, Human rights, Law, Political science, State (computer science), Value (mathematics), Rule of law, Law and economics

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