Research On At-trial Authentication In Criminal Litigation

At-trial authentication has been emerged in practice since the advisement of theChinese Criminal Procedural Law. At-trial authentication has become the crucialpart of the proof course on criminal litigation as it directly influences the ultimatejudgment of the criminal cases. The choice of the authentication mode and rulesare also important for the realization of the objects of the trial and the judicial reform.However, the authentication mode and rules in criminal litigation practice in differentjudicial areas have not unified by the Criminal Procedural Law. Therefore, it isnecessary for us to discuss the fitful mode and rules of authentication in Chinesecriminal procedure from the comparison with the authentication mode and rules incommon-law system and civil-law system.This dissertation includes four parts. Partâ… will emphasis on the currentsituation of the At-trial authentication in criminal litigation. It will begin by brieflyintroduce the notions of the At-trial authentication and After-trial authentication andthen discuss the relevant problems about the authentication legal system and judicialpractice to indicate that the reform of Chinese criminal procedure have not fullychanged the traditional trial procedure since the At-trial authentication has notmaterially been touched.Partâ…¡will anticipate the theoretic basis of the At-trial authentication in criminal litigation. It will further demonstrate the significances of the At-trial authenticationfrom the four angles, namely the open trial, the judicial fairness, the intensive trialand the promotion of the judicial professionalism.Partâ…¢will compare the At-trial authentication mode and rules of the commonlaw system and civil law system. It will draw the conclusion that the authenticationmode in common law system is the At-trial authentication which emphasis on theadmissibility of the sole evidence instead the systematically judgment towards thevalidity of the whole evidence in the cases whereas the authentication mode incommon law system is the authentication in judgment which has no procedural rulesof authentication and confirm the admissibility and validity altogether after trial.Partâ…£will discuss the establishment of the Chinese mode and rules of theAt-trial authentication. It will conclude that China should adopt the special mode ofthe authentication in criminal litigation that includes the at-trial and after-trialauthentication. Then it will explain in detail about how to confirm the admissibilityand validity of the evidence in criminal trial with the case study. It will end by theillustration of some cases to establish the three rules of At-trial authentication incriminal litigation: the admissibility rules, the validity rules and the non-valueevidence exclusive rules.