Font Size: a A A

Study On Views Of Truth And Value On Criminal Suit Testimony

Posted on:2003-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y M HuangFull Text:PDF
GTID:2156360092960123Subject:Law
Abstract/Summary:PDF Full Text Request
Lawsuit testimony is not only a kind of cognitive activity, but it is also a kind of lawsuit action. The system of our national criminal evidence should base its theory on both Cognition and value of dialective materialism. From the view of truth, lawsuit testimony is relatively real. The principle of absolutivity and relatvity of truth as well as the particularity or limitation of lawsuit testimony in proving its subiect, its time and space, its resources, its object, its ways and purpose determines that it is impossible and unnecessary for lawsuit testimony to reach the absolute reatity. From the view of value, lawsuit testimony is of procedural justice. The choice, realization and just requests of a sevies of legalvalue concerned in lawsuit testimony etermines that the process of lawsuit testimony must ensure the basic human rights of the procedure participators. The procedural justice makes the result of relatvie reality of lawsuit testimony justified, reasonable and acceptable. Moreover, it helps to restrict the power of judicature and ensure human rights. The theory of legal reality is the arganic union of relative reality and procedural justice. It is a proposition of highly lifting the banner for the value of procedural justice. It is the inevitable extension of the demand of rules by law in the field of criminal suit. In theory, viewers of objective reality ignore the dialectics of cognition and the internal value of procedure itself. Its essence is a kind of theory of procedural instrumentalism, which is intolerable for the demand of rules by law. Our national proof standard(i·e·The truth of a case must be clear and the evidences must be definite and ample.) is the typical embodiment of objective reality. The standard of criminal testimony should give full consideration to such factors as the limitation and operatively of procedural justice, subjectivity, time and space, and resources."Removing reasonable doubts" should be the best choice in reforming the standard of our national criminal testimony.
Keywords/Search Tags:Testimony of criminal suit, Relative reality, Procedural justice, Standard of testimony
PDF Full Text Request
Related items