Subject Of A Criminal Lawsuit

Judicial proof is the whole lawsuit activity is especially important in a ring, is subjective and objective realities behavior. The success of judicial proof directly relates to the court verdict by pointing to the interests of all parties concerned, threatening. And judicial proof, as a litigation activities by subject, object, responsibility, standard etc multiple elements Among them is the subject of judicial proof to determine the key to the whole proof activities. Microscopically speaking, lawsuit participates in a person only clearly his position in litigation, knows exactly the right to legal requirements, and the obligations, can be more the targeted lawsuit activity, or safeguard their legitimate interests, or perform bounden legal duties, and thus ensure every lawsuit can smooth and efficient; Macroscopically speaking, proof body theory is not isolated existence a system, his influence is not only to lawsuit, he also proved system internal evidence relates to the whole system, and the further development of criminal proceedings in the other system Settings and perfect also have direct or indirect impact. However, in our criminal litigation practice on the subject of judicial proof, the debate has never stopped, China's traditional criminal judicial proof theory is based on the one-sided understanding of epistemology and powers socialist litigation mode implementing the proof, on the basis of the broad sense and narrow sense subject is divided into two types:the proof of subject including generalized public security judicial organs and the investigators, the parties and litigant participant, narrow proof subjects include public security judicial organs and the investigators. The investigation organ, judicial organs for with prosecution authority functions do not differentiate, unified identified as judicial proof subject. Specific in legislation, performance for criminal procedure law article 43 and the 158th regulation. But with the current judicial system reform, the establishment of hybrid lawsuit pattern of procedural justice, the urgent request, to further perfect proof responsibility theory, this is too general in judicial practice that, there were many problems, litigation find out and judicial proof vague bounds, each organ function in litigation of burden proof mutual confusion, so that the parties' right to division, to effectively guarantee, the efficiency of lawsuit is low. This paper, combining with the criminal litigation in the existing attribute model of litigation, the burden of proof of traditional theory of evidence, starting in the definition of about proof subject to re-examine to final proof of our country's criminal procedure, and the corresponding system main safeguard.