Research On The System Of The Attestation Of Criminal Judgment

Essentially speaking, the criminal procedures are the judicial procedures of obtaining evidence, quote, cross-examination and attestation. During the procedures, attestation is taken as a key and is the goal of obtaining evidence, quote and cross-examination. It is a judicial activity closely related with the confirmation of the case and punishment fits the crime. Taking the system of the attestation of criminal judgment as the topic, the author analyzes its present situation and drawbacks to present conception for the perfection of this system. And the study is expected to beneficial to legislation and criminal judicial practices. This thesis is divided into three parts.Part one, the connotation and characteristics of Chinese attestation of criminal judgmentThis part is mainly a discussion of the connotation of Chinese attestation of criminal judgment. At first, the origin of the phrase and opinions concerning the concept in the law circle of our country are briefly introduced. Based on this introduction, the connotation of the concept is defined. The attestation of criminal judgment is the judicial activity of the judicial stationary to confirm the evidence according to the data collected by the accuser and the defendant or judicial stationary based on quote and cross-examination in the process of criminal judgment. Next, the connotation of the attestation of criminal judgment is deeply discussed from different angles. Differences are indicated between attestation and the confirmation of evidences and between attestation and the confirmation of a case. Lastly, basic characteristics of the attestation of criminal judgment are discussed. The subjects of the attestation of criminal judgment are judicial stationary responsible for the judicial work of specific cases. They cross-examine the data collected by the accuser and the defendant and the court to attest whether the data can be evidences for verdict. The objects of attestation are all the evidences collected by the accuser and the defendant and the court. The...