Research On The Object Of Proof In Criminal Procedure

The object of proof in criminal procedure is a theoretical concept. It is the foundational thesis of proof theory, is the initial link of proof. The object of proof is the carrier of discussing the standard of proof and the burden of proof and so on other related questions. Thus the research on object of proof has very important theoretical and practical significance. This article is based on sorting out and classifying the legislation and the theory points of contention, and trying to elaborate the concept and the scope of the object of proof.The full text can be divided into five chapters, the summary is as follows: First chapter is about the concept and the characteristics of the object of proof in criminal procedure. The author thought the relationship between object of proof and the fact of case may be described like this - - through the judgment of object of proof using the evidence ,the fact of case can be defined .Object of proof is composed of hypotheses which communicate with each other. The fact of case is the projection result of evidence. So we can say the fact of case is the result of proof, but not the object of proof itself. Therefore the object of proof in criminal procedure means that the criminal prosecution or the litigant should prove the proposition of fact in criminal proceeding. The object of proof has the character of hypothesis, reducibility and the dual regulated characteristics.Second chapter is about the proposition of fact of substantive law .The proposition of fact of substantive law is the proposition of fact about conviction and exercise discretion in sentencing which needs to be proved by evidence .It is the heart of the object of proof. Certain behavior is also definitely the factor to draw conclusion ,at the same time these questions are stipulated by the substantive law .Therefore they must be proved according to the substantive law .According to "Criminal law", "Criminal Procedure Law", the proposition of fact of the substantive law includes: Conviction factors such as people, behavior, result, time and place, method and access, motive and goal, number of times and quantity; The exercise discretion in sentencing factors such as legally-prescribed circumstances of sentencing and discretionary circumstances of sentencing ;Exception clause namely reasonable act and legal situation.Third chapter is about the proposition of fact of procedural law .It mainly refers to the proposition of fact in the criminal proof that needs to use the evidence prove ,which has significance in the procedural law .The author thought the proposition of fact of procedural law is the part of the object of proof. The proposition of fact is helpful to the fair judge; to the right implementation of procedural law;to the independent value of procedural law ;to understanding proof correctly .The procedural law fact can be divided into two kinds: One kind is the procedural rule fact, the other is the procedural condition fact. The former refers to the procedural rules which are in order to carry on the procedural law correctly .The latter is refers to the procedure condition fact which can start or terminate certain proceeding .The procedural fact includes: the challenge, excluding evidence, witness qualifications ,the period of custody, the deadline, the time period, the public trial ;the procedural condition fact includes: legal non-prosecution ,the private prosecution case jurisdiction, holding hearing in an open court session, the remanding for new adjudication , the appeal or the application retrial fact, the decision retrial situation.Fourth chapter is about evidence of facts elimination .The so-called evidence of facts is the information obtained after analyzing and judging the evidence which is stayed behind the crime .The author thought the evidence of facts cannot become the object of proof .The reason is that the examination and judgment of evidentiary facts occurs in the proof process, but not in the fact-finding stage, and it has not be qualified as the object of proof. From another aspect, the evidentiary fact is the method of proof which is used to prove the object in the end. Although it may need other evidence to verify, this kind of relationship still in the scope of method .If the indirect evidence was the object of proof, there will be no use to discuss the significance of the object of proof.Fifth chapter is the object of proof exempting from proving. First, it means a kind of proposition of fact which is not need the evidence to prove, and its substantive meaning is exempting the burden of proof of party to an action. For its scope, the author thinks including the judicial notice and the presumption, but not including admissions. Second, the author introduces the concept, the, the scope and the rule. The judicial notice is a court's acceptance, for purposes of convenience and without requiring a party's proof, of a well-known and indisputable fact. It is characterized by specially designated, the objectivity and definite conclusion. Through the analysis of judicial notice in English, American and Taiwan area and the summary of our country legislates, the scope of the judicial notice can be defined as public–known facts, the natural sciences ,statutory construction or constitution. Our country judicial notice rules should include following aspects: the initiative judicial notice from judge and application; informing both sides; appellate hearing notice; investigation before notice; rebuttal before trial. Finally, there is concept and classifies and application of the presumption. The presumption is a legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts. Most presumptions are rules of evidence calling for a certain result in a given case unless the adversely affected party overcomes it with other evidence. It can be classified into two kinds: presumption of fact and presumption of law; irrevocable presumption and revocable presumption. Law presumption is a legal assumption that a court is required to make if certain facts are established and no contradictory evidence is produced. Presumption of fact is a type of revocable presumption that may be, but as a matter of law need not be, drawn from another established fact or group of facts. Revocable presumption is an inference drawn from certain facts that establish a prima facie case, which may be overcome by the introduction of contrary evidence. Irrevocable also named conclusive presumption is a presumption that cannot be overcome by any additional evidence or argument .The presumption in criminal proceeding includes: pre-definitely fact; notarial affairs; fact of identity; income of state services surpass obviously and illegally; smuggling according to "Criminal law".