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The Research On Building China's Discretional Evaluation Of Evidence System

Posted on:2009-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:X S XiongFull Text:PDF
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Discretional evaluation of Evidence refers to be a universal judicial system in determination of evidence and facts of a case all over the world, namely in this course, judges should conform to normal principles, experiences and logic. It originated from jury system of UK-US legal system, but produced and be perfected within the development of Continental law system. Discretional evaluation of evidence system has formed into a rigorous one while its inherent mechanism coordinated others in procedure systems, with the progress of human cognition.In essence, the common judicial systems of determination of evidence and facts are theology evaluation of evidence system, legal evaluation of evidence system and discretional evaluation of evidence system .It is believed that contrasting to discretional evaluation of evidence system, the formers refer to two backward procedure systems violating human's cognitive rules. Therefore, to achieve judicial fair and mostly reach the truth of a case, discretional evaluation of evidence system is the only choice workable, which contains deep theory basement and philosophic dialectical foundation and makes judicial fair become true and reach the fact at the utmost.Contrasting to discretional evaluation of evidence system, the system in China lacks of facts, legal evaluation of evidence and determination of facts. Law with relative laws ask for basis on facts, which is the aim to the case without corresponding cognitive course, prove standard and appropriate system guarantee, so it is more freely for judges in Chinese judicial practice.Discretional evaluation of Evidence in China's criminal procedure has its inevitability and feasibility. It is sometimes inevitably to use the proof of characters & morals and evidence of resemble fact, and apply to judicial knowledge and fact illation, those which are a few blanks left in criminal procedure. Therefore, though have obstacles it might in confirming the discretional evaluation of evidence into China's criminal procedure, it will be finally confirmed. The top priority task in Chinese criminal procedure is to carry out discretional evaluation of evidence system and reform judicial system with choosing the appropriate working way and perfecting China's criminal procedure proof and evidence system.
Keywords/Search Tags:China, Criminal procedure, Determination of facts, Discretional evaluation of evidence, system, reform
PDF Full Text Request
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