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In Terms Of Our Country, The Discovery Constructed In Criminal Proceeding

Posted on:2011-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:P PengFull Text:PDF
GTID:2166330338484742Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Discovery system originated in a common law-legal system,then there are manycountries,civil law-provides for such a system Show-s that this system has its owncharacteristics,on the proceedings against the party of fairness is important In this article theauthor discussed the discovery of evidence in criminal proceedings system,which is China'Scurrent criminal proceedings against the existing deficiencies in both defense and prosecutionevidence First of all,based on the discovery system in the analysis of the basic meaning ofthe criminal evidence to establish the basic content discovery system,mainly through in thispart of the basic concepts,characteristics and classification in order to establish the conceptand the other the difference between legal concepts Second,by the Criminal EvidenceSystem on the function and value analysis to identify criminal discovery system of thecriminal proceedings positive,but we can not ignore its negative meaning criminal This partofthe discovery system can see itself on the importance of social equity and efficiency effects.that should be transplanted to our judicial system can absorb The third part of foreigncriminal discovery and development status of the system,through the implementation oftoday'S major discovery of the countries to find their similarities and differences,and of thediscovery system to analyze trends In this kind of analysis allows US to broaden their horizonsand see the trend of the judicial system The fourth part is the system of Criminal Evidenceand lack of status,through the analysis of the Criminal Evidence in the class to find therelevant provisions of China'S Criminal Evidence System on the deficiencies and theestablishment of discovery in our system entrance,this is for the Establishment of a discoverysystem linking Finally,the establishment of the Criminal Evidence Disclosure System,through the discussion in our discovery system to be set up to my basic principles,China'SCriminal Evidence of the scope of discovery of the subject,time and procedures,in violationof the evidence Disclosure obligations of sanctions in order to establish the legal system in1ine with our national conditions and the statUS ofthe Criminal Evidence System.
Keywords/Search Tags:Criminal Evidence Discovery System, Criminal suit, System Construction
PDF Full Text Request
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