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Several Issues On The Research Of Verbal Evidence In Criminal Procedure--From The Perspective Of Comparative Law

Posted on:2005-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:C G LiFull Text:PDF
GTID:2156360122999707Subject:Law
Abstract/Summary:PDF Full Text Request
From the perspective of comparative law, this article aims at making clear the connotation, scope, character and evidence regulation system of Chinese criminal procedure. Around this point, the article constructs as following:The First: Re-constructing the Concept of Chinese Verbal Evidence. By analyzing the concept of different Chinese verbal evidence, this article seeks the conflict and error to Remedy and amend the theory, and finally to re-construct the concept of Chinese verbal evidence .In general theory, it emphasizes on distinguishing the existence and demonstration of evidence and proof method of it. The verbal evidence's demonstration is personal statement, and its proof method uses to convict the facts of cases. The demonstration of tangible evidence is material object, and the proof method is to use the external subject or the content to convict. Although every theory emphasizes on amending, verbal evidence and tangible evidence still have many conflicts and issues in Chinese criminal procedure theory. We have to find another important reason—not particularly distinguishing a series of related concept, until now using them in confusion. Many of these concepts come from foreign evidence law theory. It is necessary for us to compare the concept of Chinese verbal evidence with the Continental Law system and the Common Law system. We re-define verbal evidence as "It is the evidence that apply to the court by oral statement". The Second: Scope and Characteristics of Verbal EvidenceThis article describes the scope and characteristics in the criminal litigation of our country. Based on the previous research and compared to the verbal evidence of both continental and common law systems, this article defines the scope of verbal evidence as statements of witnesses, confessions of suspects and defendants, appraisers and appraisals. From the point of Evidence Law, the testimony therefore shall be the statement of witnesses. However, from the method of the point of evidence, the witnesses are themselves verbal evidence, namely a kind of human testimony. This article defines the characteristics as follows: firstly, since the verbal evidence generates from human experience and knowledge, There is no doubt that it can be affected by the human subject. Meanwhile, the formation of verbal evidence all includes three processes, the understanding, memory maintaining and testifying of fact. Therefore, distortion frequently happens due to the state's understanding of fact influenced by many subjective or objective factors. This characteristic of verbal testimony reminds the legal officers to take full dilligence in using the verbal testimony and strictly follows the regulations and conditions. On the other hand, while the verbal testimonies are presented by the participants, witnesses and etc. , stating what they experienced, they are always able to reflect the fact vivid and detailed. Therefore, they can prove the fact in a dynamic mode. The Third: Evidence Regulation System of Verbal Evidence. This article analyses Evidence Regulation System of Verbal Evidence in Chinese criminal procedure evidence. Regulation system of verbal evidence comprises three parts:First, the competency of evidence regulation of verbal evidence, including the related regulation, rules of character evidence, rules of hearsay evidence, rules of option and rules of illegal evidence exclusion; second, evidence regulation of evidence convicting power, which mainly means regulation of corroborating evidence; third, convicting procedure, regulation of verbalism evidence, mainly including privileged regulation, the opposition to the privilege of forcing the criminal to prove his own crime and cross-examination regulation. However, the original verbalism evidence regulation system generally consists of four parts including the rules of evidence collecting ,amplifying ,examining and decision which is more conformable to the original evidence theory of our country, but doesn't conform to the natural logic of evidence law. Evid...
Keywords/Search Tags:Procedure--From
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