After the establishment and enforcement of the exclusionary rules of illegal evidences, the problems of excluding repeated verbal evidences appeared gradually. When the behaviors of illegally collecting evidences occu...After the establishment and enforcement of the exclusionary rules of illegal evidences, the problems of excluding repeated verbal evidences appeared gradually. When the behaviors of illegally collecting evidences occur,does this mean that the followed-up series of collecting evidences behaviors are illegal?This is the issue with the exclusion of repeated verbal evidences. The exclusion of repeated verbal evidences is the inevitable requirement of the effective enforcement of the exclusionary rules of illegal evidences. Also,the exclusion of illegal evidences is the key and premise program of excluding repeated verbal evidences,but in Chinese judicial practice,the negative attitude of a kind of malfeasance of the court to enforce the exclusionary rules of illegal evidences,the 'homogeneous'kind of relationship between our court system,police system and procuratorial system in current period all mean that the exclusion of repeated verbal evidence will surely face ring upon ring obstacles. Otherwise,the restriction of judicial discretion in judicial practice requires the exclusion of repeated verbal evidences to insist on the principle of absolute exclusion,and this determines that the method of depending on judicial discretion to solve the problem of the scope of exclusion is inapplicable.展开更多
文摘After the establishment and enforcement of the exclusionary rules of illegal evidences, the problems of excluding repeated verbal evidences appeared gradually. When the behaviors of illegally collecting evidences occur,does this mean that the followed-up series of collecting evidences behaviors are illegal?This is the issue with the exclusion of repeated verbal evidences. The exclusion of repeated verbal evidences is the inevitable requirement of the effective enforcement of the exclusionary rules of illegal evidences. Also,the exclusion of illegal evidences is the key and premise program of excluding repeated verbal evidences,but in Chinese judicial practice,the negative attitude of a kind of malfeasance of the court to enforce the exclusionary rules of illegal evidences,the 'homogeneous'kind of relationship between our court system,police system and procuratorial system in current period all mean that the exclusion of repeated verbal evidence will surely face ring upon ring obstacles. Otherwise,the restriction of judicial discretion in judicial practice requires the exclusion of repeated verbal evidences to insist on the principle of absolute exclusion,and this determines that the method of depending on judicial discretion to solve the problem of the scope of exclusion is inapplicable.
