Investigators Procedural Law The Burden Of Proof

As any system of reasonable operation should have its fulcrums, it will be effective immeasurably to build a set of mechanisms by making theoretical study on investigators'procedural illegal burden of proof. The investigators'procedural illegal behavior, based on the different characteristics from others, should not take the traditional principle of burden of proof. Whenever the defendant proposes investigators of procedural illegality, he should offer the evidences of which the probative force can be only up to"suspected of"against which the investigators have to make"beyond reasonable doubt"proof. It's the internal requirements of exclusionary rule, the base of the principal of balancing the defense and prosecution and the inherent meaning of procedural justice investigators that the investigators make proof on the procedure. It exists not only on the support of all kinds of theories but also with critical litigious value on substantive justice and procedural fairness. The burden of proof and the standard of proof as well as a series of relative mechanisms in China are unavailable currently. Based on research from theory to practice, the theoretical basis of in-depth investigation and analysis from the judicial practice, it explores investigators burden to the effective operation of procedural justice, environment and frontier dawn in absorbing foreign legislation and judicial practice based on how to perfect the rules of exploring paths. Text consists of five chapters.The first chapter is the outline of investigators'burden of proof on procedural illegality. First, define the concept and nature of the procedural illegality; then, expound the problems related to its concept of the burden of proof, its allotment theory, which different from the principle of burden of proof, generally"the burden of proving is on the party claiming". Investigators'burden of proof on procedural illegality should be transferred because of its particularities. In the end, explore profoundly the existing research theory on the burden of proof of investigators'procedural illegality. It's the internal requirements of exclusionary rule, the base of the principal of balancing the defense and prosecution and the inherent meaning of procedural justice investigators that the investigators make proof on the procedure.The second chapter experts on the investigators'procedural proof from empirical dimensions. This chapter is divided into two parts. First, expound the templates all over the world on the investigators'procedural proof and explore the judicial practice; Second, positive and make questionnaire investigation on it. Questionnaire investigation is made from the legitimacy of the burden, procedural value analysis, the obstacle factor analysis and results of four dimension analysis statistical data analysis.The third chapter makes analysis on foreign legislative and judicial practice. This chapter is divided into four parts which have respectively made comments on the legislative and judicial practice conditions in the countries of Anglo-American law system of Britain and the United States and the continental law system of Germany and France and other areas exampled Taiwan. On consideration of reference and absorption of foreign achievements would benefit for improving Chinese investigators burden mechanism of the whole.The fourth chapter makes a thorough inquiry on the regulation of the burden of inquiry from the two dimensions of barrier factors and value. It has absolutely affected the construction of the burden of proof of the investigators'procedural illegality while influenced by the state standards and litigation culture, as well as the lack of legislation and relative litigation rules in China. Undoubtedly effective analysis of obstacles to the negative influence on how to effectively break, and help to explore the value from the aspects of positive showed investigators procedural illegal burden of proof of the necessity of regulation.The fifth chapter defines investigators procedural illegal burden of proof. This chapter, perfect divided into four parts, mainly discusses from the dimensions of the conception innovation, evidence system and safeguard measures and other correlation factor. This chapter discusses in the judicial practice has directly useful function. Only the mechanism of a theoretically on the argument of careful construction is reasonable to open a judicial practice.