非法证据排除规则及在审查逮捕阶段的适用
发布时间：2018-08-10 20:09
【摘要】：在刑事诉讼领域内,非法证据排除规则无疑是最重要的证据规则。对我国初步建立的非法证据排除规则进行进一步完善,是我国司法改革民主化、人权化的必然要求。本文分为四个部分对非法证据排除规则及其在审查逮捕阶段的适用进行研究,探索非法证据排除规则的起源及其在我国发展,研究非法证据排除规则的内涵与外延,分析国外非法证据排除规则的立法实践,从立法和司法实践的角度剖析我国非法证据排除规则的经验与不足,及其在审查逮捕阶段存在的主要问题,对完善我国非法证据排除规则在审查逮捕阶段的适用提出措施和建议。第一部分从基本概念入手,分析非法证据排除规则的发生、发展。本文分析了非法证据排除规则的内涵和外延,通过比较英美、大陆两大法系的非法证据排除规则,探寻其发展规律,通过分析我国现价段的社会现状,探讨我国建立和完善非法证据规则的必要性。第二部分分析我国非法证据排除规则的立法现状,针对我国初步确立的非法证据排除规则特别是五部委联合颁布的两个证据规定和新修订的刑事诉讼法,分析、探讨现价段我国非法证据排除规则的表现形式、特点及其在立法方面的不足和司法实践中的现实困难。第三部分从分析非法证据排除与审查逮捕工作的关系出发,查找审查逮捕阶段侦查监督部门适用非法证据排除规则面临的现实问题。第四部分针对我国法律对在审查逮捕阶段适用非法证据排除规则规定上的缺失,对在审查逮捕阶段适用非法证据排除规则提出措施和建议,结合审查逮捕工作实践,提出并论证确立证明标准、完善启动程序、明确排除效力以及证据补正方面的建议。这是本文的重点与难点。
[Abstract]:In the field of criminal procedure, the rule of illegal evidence exclusion is undoubtedly the most important rule of evidence. It is an inevitable requirement for the democratization and human rights of judicial reform to further improve the rule of exclusion of illegal evidence initially established in our country. This article is divided into four parts to study the exclusionary rule of illegal evidence and its application in the stage of examination and arrest, to explore the origin and development of the rule of exclusion of illegal evidence in China, and to study the connotation and extension of the rule of exclusion of illegal evidence. This paper analyzes the legislative practice of the exclusionary rules of illegal evidence in foreign countries, analyzes the experiences and shortcomings of the exclusionary rules of illegal evidence in our country from the angle of legislative and judicial practice, and the main problems existing in the stage of examining and arresting illegal evidence. Some measures and suggestions are put forward to perfect the application of the exclusionary rule of illegal evidence in the stage of examination and arrest. The first part starts with the basic concept and analyzes the occurrence and development of illegal evidence exclusion rules. This paper analyzes the connotation and extension of illegal evidence exclusion rules. By comparing the illegal evidence exclusion rules between the United States and the two major civil law systems, this paper explores its development rules, and analyzes the current social situation of the current price section in China. This paper discusses the necessity of establishing and perfecting illegal evidence rules in China. The second part analyzes the current legislative situation of the exclusionary rule of illegal evidence in our country, especially the two evidential regulations promulgated jointly by the five ministries and the newly revised Criminal procedure Law, aiming at the preliminary establishment of the exclusionary rule of illegal evidence in our country. This paper probes into the manifestation, characteristics and shortcomings in legislation and the practical difficulties in judicial practice of the rule of exclusion of illegal evidence in China at present price. The third part analyzes the relationship between the exclusion of illegal evidence and the examination of arrest, and finds out the practical problems faced by the investigation and supervision department in the stage of examination and arrest in the application of the rule of exclusion of illegal evidence. In the fourth part, the author puts forward some measures and suggestions to apply the exclusionary rule of illegal evidence in the stage of examination and arrest, and combines the practice of examining and arresting, aiming at the deficiency of the rule of exclusion of illegal evidence applied in the stage of examination and arrest of our country in the stage of examination and arrest. Some suggestions are put forward to establish the standard of proof, to perfect the starting procedure, to clear the exclusionary effect and to correct the evidence. This is the focus and difficulty of this paper.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2176065
[Abstract]:In the field of criminal procedure, the rule of illegal evidence exclusion is undoubtedly the most important rule of evidence. It is an inevitable requirement for the democratization and human rights of judicial reform to further improve the rule of exclusion of illegal evidence initially established in our country. This article is divided into four parts to study the exclusionary rule of illegal evidence and its application in the stage of examination and arrest, to explore the origin and development of the rule of exclusion of illegal evidence in China, and to study the connotation and extension of the rule of exclusion of illegal evidence. This paper analyzes the legislative practice of the exclusionary rules of illegal evidence in foreign countries, analyzes the experiences and shortcomings of the exclusionary rules of illegal evidence in our country from the angle of legislative and judicial practice, and the main problems existing in the stage of examining and arresting illegal evidence. Some measures and suggestions are put forward to perfect the application of the exclusionary rule of illegal evidence in the stage of examination and arrest. The first part starts with the basic concept and analyzes the occurrence and development of illegal evidence exclusion rules. This paper analyzes the connotation and extension of illegal evidence exclusion rules. By comparing the illegal evidence exclusion rules between the United States and the two major civil law systems, this paper explores its development rules, and analyzes the current social situation of the current price section in China. This paper discusses the necessity of establishing and perfecting illegal evidence rules in China. The second part analyzes the current legislative situation of the exclusionary rule of illegal evidence in our country, especially the two evidential regulations promulgated jointly by the five ministries and the newly revised Criminal procedure Law, aiming at the preliminary establishment of the exclusionary rule of illegal evidence in our country. This paper probes into the manifestation, characteristics and shortcomings in legislation and the practical difficulties in judicial practice of the rule of exclusion of illegal evidence in China at present price. The third part analyzes the relationship between the exclusion of illegal evidence and the examination of arrest, and finds out the practical problems faced by the investigation and supervision department in the stage of examination and arrest in the application of the rule of exclusion of illegal evidence. In the fourth part, the author puts forward some measures and suggestions to apply the exclusionary rule of illegal evidence in the stage of examination and arrest, and combines the practice of examining and arresting, aiming at the deficiency of the rule of exclusion of illegal evidence applied in the stage of examination and arrest of our country in the stage of examination and arrest. Some suggestions are put forward to establish the standard of proof, to perfect the starting procedure, to clear the exclusionary effect and to correct the evidence. This is the focus and difficulty of this paper.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
【参考文献】
相关期刊论文 前8条
1 樊崇义;;“两个证据规定”理解与适用中的几个问题[J];证据科学;2010年05期
2 陈光中;郑曦;;论刑事诉讼中的证据裁判原则——兼谈《刑事诉讼法》修改中的若干问题[J];法学;2011年09期
3 杨春红;;新刑诉法背景下审查逮捕阶段非法证据排除路径探索[J];法制与社会;2013年13期
4 谢佑平;;检察机关与非法证据排除[J];中国检察官;2010年21期
5 张敬博;;非法证据排除制度化之路径选择——访中国政法大学诉讼法学研究院副院长杨宇冠教授[J];人民检察;2010年07期
6 卢乐云;;非法证据发现与排除的实践把握——以审查起诉为中心[J];人民检察;2012年14期
7 阎朝秀;非法证据排除规则的价值透视及制度设想[J];西南民族大学学报(人文社科版);2004年03期
8 龙宗智;;两个证据规定的规范与执行若干问题研究[J];中国法学;2010年06期
，本文编号：2176065
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2176065.html
