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The Research On The Proof Standards Of Criminal Proceeding

Posted on:2009-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:L F LiuFull Text:PDF
GTID:2166360242990888Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In criminal cases, to prove that runs through all the standards. Criminal proceedings in the main file, investigation, the prosecution, conviction and sentencing of a series of lawsuits and other activities, will be required to use those standards. Criminal standards of proof are not rich in legal theory and philosophy principle, but also closely linked with the judicial practice, therefore, criminal standards of proof are a rich academic study of the theory, are a matter of justice and the operation of practical problems.Criminal standards of proof legislation as "the facts are clear, the evidence is reliable and sufficient." In a theoretical level, the standards of proof from objective truth, is the grim reality facing legal challenges in the administration of justice practical level, the level that the lack of standards and maneuverability is not strong. These problems are allowed to spread a revolutionary theory and practice, China's criminal standards that need reconstruction. Criminal standards of proof reconstruction are necessarily to broaden the theoretical vision. Criminal standards of proof on theoretical research must move away from the principle of detention of pure philosophy to re-examine the criminal standard settings proved theoretical basis. Dimensions and the value of the analysis of the legal and economic perspective, reflect in terms of our quite novel, a sense of enlightenment. Multi-dimensional dynamic system that can be used as standard criminal reconstruction of the country that the ideal model of the standard. Criminal standards of proof multi-dimensional dynamic system is a proven standards based on the level of differentiated stage of the proceedings, that the main object and that applies occasions, complete and thorough logic that the standard system.
Keywords/Search Tags:criminal proceeding, proof standards, rebuild, economic analysis
PDF Full Text Request
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