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Discussion On The Criminal Evidence Discovery

Posted on:2006-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:W LuoFull Text:PDF
GTID:2156360152981210Subject:Litigation
Abstract/Summary:PDF Full Text Request
Discovery of evidence is a concept rooted in America and u.k. as the representative of adversary system. It is also an important system of criminal action. The concept of evidence discovery appears rather significant with respect to institutions without circulation of action volumes and to the procedure regime carried out in a manner of enumeration to the court by the defender and the accuser. Our criminal action institution is undergoing a weighted reform to find evidence discovery becomes a bottleneck, hampering the realization of justice and efficiency pursued by litigation. Exploring the jurisprudence of evidence discovery and aiming at the current status of our national criminal evidence discovery, this article points out its own views concerning such aspects as the principle, spectrum, subject, initiation, time, place, manner and judicial consequences of criminal evidence discovery with Chinese characteristics on the basis of comparison among American, British and Japanese counterparts. The article consists of four parts. The first part ushers the connotation and significance of criminal evidence discovery from a theoretical prospect. The second part explores on the existing problems of our criminal evidence discovery from a pragmatic view and on the necessity of the completion of such a proprietary criminal procedure. The third part analyses the current status of the procedure in America, Britain and Japan while leads to the view of constructiveness upon the building up of such a procedure in our country. The fourth part outlines the method of completion of our criminal evidence procedure.
Keywords/Search Tags:evidence discovery criminal, action jurisprudence, analysis, accuser, defender, justice and efficiency
PDF Full Text Request
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