| The issues evolving around the legality of subjects in obtaining evidence are based on the systematic features of our country.Presently there are several issues to be studied and solved. As for evidente obtained by organizations that are not entitled,we should decide the validity of such evidence according to the intention of the organizations,distinguishing the "good faith jurisdiction" and "bad faith jurisdiction".As for evidence obtained by the Commission for Inspecting Discipline,we should deny the admissibility of its testimonial evidence according to the requirement of hearsay rules, but we can list some exceptions according to the form and use of the evidence. As for the evidence obtained by the investigation unit before a case is filed, we should take different attitudes toward enforceable investigation and free investigation:evidence obtained in free investigation is admissible in trial while evidence obtained in enforceable investigation is not,with the exception of evidence obtained in "emergency measures". |
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