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The Admissibility Of Evidence Of China's Criminal Procedure Rules Defects And Improved

Posted on:2010-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhaoFull Text:PDF
GTID:2166360302462168Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the way our criminal trial, the party of reform, the substantive trial, both defense and prosecution against the increase, in order to meet the hearing needs of the norms of conduct to ensure the prosecution and the defense litigation proceedings and just out of desire to highlight the rules of evidence into the theory and practice circles of great concern. In recent years, China's foreign rules of evidence and theoretical circles in-depth, detailed research and exposition for China to establish the rules of evidence laid a solid theoretical basis. In this paper, China's actual conditions, in-depth understanding and grasp the rules of evidence and contribute to our established rules of criminal evidence and improved.On the admissibility of evidence is the basis of Anglo-American law of evidence theory is the core of the rules of evidence, for any evidence, the admissibility (admissibility), in Western legal systems of evidence theory, also known as the admissibility of evidence may be capacitive, the evidence qualifications, evidence of capacity. British scholar Phipson that "the so-called admissibility, is the evidence must be permitted by law, can be used to prove the facts of cases to be recorded. In China mainland in textbooks and academic writings," the admissibility of evidence, "the term is exotic, through the analysis of the Western theory of evidence, saying that "the admissibility of evidence" means evidence of information in the legally permitted as evidence of their qualifications.China's criminal evidence rules in legislation the existing problems and shortcomings .First of all, the lack of a range of criminal rules of evidence. Secondly, the existing rules of criminal evidence is too loose, the lack of operability. Again, the lack of evidence of the ability or the admissibility of the concept. Finally, the rules of criminal evidence the growth of the lack of suitable soil.China's criminal evidence rules in practice, problems and defects. First of all, the judges too much discretion. Second, the transcripts of evidence unimpeded style was brought to trial a mere formality. Again, witnesses generally not to testify in court. Finally, evidence of illegal behavior despite repeated prohibitions, is difficult to exclude illegally obtained evidence.The causes of these shortcomings, there are four factors that constitute.In order to prevent criminal prosecution of rights and the abuse of discretionary power of judges to protect human rights, realization of procedural fairness, our country should be tailoring the evidence from the presumption of innocence principle, not to be compelled to establish the principle of self-incrimination, and supporting measures to establish the rules to exclude illegal evidence to establish the principle of direct language, perfect witness to testify in court system, pre-trial evidence to show the five aspects of the rules of criminal evidence, rules amended and improved.
Keywords/Search Tags:Admissibility, Evidence, Protection of human rights, The presumption of innocence, Justice
PDF Full Text Request
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