Research On Strengbeweis Of Criminal Procedure

The theory of strengbeweis and freibeweis appeared in 1920s in Germany, and then propagated to Japan and the Taiwan district of our country. It has become one important part of the whole criminal proof theory. Although there is no definite concept of strengbeweis in common law system or other countries or districts of civil law system, the idea of exerting appropriate restriction on the process of proof by stipulating the competency of evidence and the proceedings of evidence investigation is embodied in their legal systems of criminal procedure. Even though our country approximates the civil law system traditionally, it has no similar theory of strengbeweis or relevant systems about using different prove modes on different pending affairs. My dissertation wants to sum up and expound the detail contents, joint characteristics and developing trends of the theory of strengbeweis and the relevant system, to analyze and rethink the existing problems in legislation and judicial practice in our country, then to absorb and refer to extraterritorial beneficial experience, in order to give theoretical supports to revise and improve legal provisions about criminal procedure and to resolve the problems in judicial practice in our country.This dissertation is composed of six chapters besides the preface.The preface mainly discusses the purpose and meaning of research on strengbeweis in criminal cases, the basic frame and contents of this dissertation, the main research methods as well.The first chapter clarifies the concepts of the proof in criminal procedure, the proof in the narrow sense and the explanatory proof, the strengbeweis and the freibeweis. The second chapter deals with the mutually relationships between strengbeweis and two basic evidence principles like evidential adjudication and free evaluation of evidenceThe third chapter analyzes the substantive value, procedural value, efficiency value and other social value of strengbeweis in details.The fourth chapter introduces and analyzes restriction modes and systems of the competency of evidence in the two systems of law, and dissects the present conditions of the legal provisions about the competency of evidence in our country. Then to provide detailed propositions concerning how to promote the system of evidence rules in China.The fifth chapter summarizes and concludes common principles and detailed proceedings in evidence investigations of strengbeweis in the two law systems, makes clear existing problems regarding evidence investigation in our country. Then, put forward detailed reform suggestions about it.The sixth chapter deals with division of matters of strengbeweis and matters of freibeweis in civil law system and common law system, then make sure principles and methods about this division in China on the basis of analyzing actualities of our country and absorbing beneficial experiences from other countries and districts.