| The evidence confirmation is a legal form and necessary process of censoring and checking the effect of evidence. Therefore the evidence confirmation in court is a very important segment in strengthening the function of the court thereby promotes the revolution of criminal trial. The new law of criminal litigation has made great reform in the way of trial, strengthened the confrontation of the accuser and the defender, thereby strengthen the function of the defender,Going with it ,the role of giving evidence is played by the defender and the accuser instead of by the justice, The accuser (the public prosecutor) and the defender (the counsel) have the equal right to ask the witness and certify the evidence from the authenticator and these reforms are the initial point of the system for the defender and the accuser to confront and debate with each other. However, the law of criminal procedure has not made detailed regulations, so the arguments on it are very controversial theoretically, and there are a lot of ways of doing in the practice of trial, thus the normality and the actual effect of the evidence confirmation is influenced in a certain way So, it is necessary to study the problems in criminal evidence confirmation in order to make it perfect. This thesis is based on the perfection of the system of the trial of criminal lawsuit in order to guarantee the quality if the criminal trial, and it analyzes the necessity of evidence confirmation and the concept, trait, and the process of evidence confirmation and other relative problems in the criminal lawsuit. At the same time it emphasizes greatly on the present situation of evidence confirmation in China, and it also analyzes deeply the legislative conception of the process of criminal evidence confirmation. The purpose of evidence confirmation is to examine whether the evidence is true, and to conclude the credibility and reasonableness of the evidence ,thereby establish the foundation of inquiring facts and using law properly, The final sentence of any criminal case should be established on the foundation of the confirmation of the facts of the case. The confirmation of the facts of the case should be supported by sufficient evidence, and as long as we have clear facts ,enough evidence can we finally settle the case, and the sufficient evidence should be acquired by the confirmation of evidence in court,Therefore, the function of the evidence confirmation is for the defender and the accuser from the material offered by the court to find loopholes quickly and then point out accurately the subjectivity, onesidedness and contradiction in the evidence given by the counterpart, thus can he proof the reliability and sensibility of his evidence. The final conclusion of the confrontation by the defender and the accuser is:Every evidence has objectivity, reliability and has been certified to be trueï¼›The details of the case all have a certain number of evidence to proofï¼›The controversy between evidence and the facts of the case should be excluded reasonablyï¼›The conclusion drawn by the confirmation of all the facts of the case should be unique and exclusive. Evidence is the soul of the lawsuit program, and as the program system of confirming evidence, evidence confirmation has a great function. According to the criminal law in China, the oral testimony of the witness must be certified before becoming the evidence ,but in the judicial practice, this regulation only exists in name. This paper advances a model program for evidence confirmation which suits the states of China, basing on theoretical investigation of the intention of evidence certification, and the analysis of the good and the bad of the program models of evidence confirmation under the contemporary two big law series, and aiming at the riggings in our present system of evidence confirmation It suggests the establishment of the system to force the witness to take the stand, and the perfection of the protecting measures on the personal rights of the witness and economy compensation...
|
PDF Full Text Request