With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of...With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of the implementation of the new laws, the problems in view of the rules of the exclusion of the illegal evidences are also prominent, which are mainly reflected in the ambiguity of the scope of the application, the start of the program of the exclusion, and the formalization the trial certificates and other aspects. Therefore, in this article, the author starts from the concept of the illegal evidences, and expounds the principles of the exclusion and the abilities of the evidences, and especially explores the abilities of the evidences and the probative forces. From the differences between the two, the author strictly proves the virtualization of the standards, in order to provide the positive solutions for strengthening the exclusionary procedure of the illegal evidences.展开更多
文摘With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of the implementation of the new laws, the problems in view of the rules of the exclusion of the illegal evidences are also prominent, which are mainly reflected in the ambiguity of the scope of the application, the start of the program of the exclusion, and the formalization the trial certificates and other aspects. Therefore, in this article, the author starts from the concept of the illegal evidences, and expounds the principles of the exclusion and the abilities of the evidences, and especially explores the abilities of the evidences and the probative forces. From the differences between the two, the author strictly proves the virtualization of the standards, in order to provide the positive solutions for strengthening the exclusionary procedure of the illegal evidences.
