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The Pertaining To Crime Statement In The Litigation

Posted on:2005-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y H YangFull Text:PDF
GTID:2156360152970797Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The statement is to points the suspect person, accused in crime the person to face to investigate the personnel, the personnel of procurator with judge the personnel in litigation to the factual acknowledgement in guilty with provide an explanation lightly to the not guilty, offense. Mankind can't escape from own history and exist, statement too can't the imperfection proof system develop the branding that history leave, can think so, a civilization develops the history to affect mankind the cognition toward statement biggest and its in the proof fixed position in the system. The litigation starts, interrogating to ask the case and then produced, purpose consist in obtaining factual statement in relevant case in the party concerned and solid related proof in the cure , among them the most then obtains the accused population provides.The statement is a very important proof, occupy the special position in the litigation progress, and the pertaining to crime proof inside also has got the not of the common run meaning and function. Along with the human advance, historical development, the accused population provides the position to also rise and fall the variety, If use the sine curve parable this kind of change, being so the curve rises to the wave crest, exactly the accused population provides to own the " king of the proof honor it, then be the curve to low valley the " zero statement rule" occupy the predominant position, statement position it change and then consist in the contrast that confront witness the worth an and different and cognitive power. Return worth an and different claim in statement and can't very much it certainly in the worth a clash, it is a society to agree with in many ways and causally. The pertaining to crime asks to force take the statement extracts confession the statement position akind of outside turn the performance, practice the inside of forbid often the not only blaming on the bad system only is lowly with personnel's character, r resemble have the what the scholar said: Exactly this kind of national power operates of the strategy changes, making meaning that puts into practice penalty and way, proof of objective turn the born mechanism the occurrence the change pluses with it homologous and social consciousness approbation occurrence graveness that extract confession change to the pertaining to crime asks to force take the statement, from but at at root helped realize the destiny conversion that The pertaining to crime asks to force take the statement extract confession. Clear and definite provision in code of criminal court in our country, heavy proof, the heavy inquisition studies, do not believe lightly the statement. The accused population provides in the judicial fulfillment of today the function that still have to can't act for, but, two kinds of extremities treats the attitude of the statement is all to can't take of, divided by this excluding, the accused population feed at" human rights protection" and" procedure justice" worth a vitally related in litigation of etc., therefore, adopt to grow why the way acquire the statement, the what kind of statement then can be used as to settle case proof and accomplice statement positions how to settle the sex problem, is all also the important problem of our can not but consideration.This text is divided into three definition, characteristic, function for, a description statements totally and with confessional contact with distinct; A reason for illustrating statement under three kinds of proofs system litigation position changing, analyzing its in proof system continuously changing; A present condition for aiming at our country accused population providing, investigated the source that extract confession and its suppress the counter plan with the superficial suggestion; The analysis relies on only the accused population provide and can't sentence regular comprehension with apply; Putting forward the statement investigate to should the principle that follow with judge in the process with the method.
Keywords/Search Tags:Accused person's statement, Procedure justice, Over well
PDF Full Text Request
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