Criminal Proceedings Of Evidence And Proof

In the Chapter 1, the author makes two comparisons between evidence material with legal evidence and legal evidence with evidence telling the truth in criminal procedure, then , the article points out two common characteristics in evidence telling the truth in criminal procedure and evidence in other areas. They are objectivity and relevance. The other point in this part is that the singular characteristics of the evidence telling the truth in criminal procedure. It is legality.In the Chapter 2, Introduction of the Legal Classification of Evidence, according to the legal classification in China Criminal Procedure Law, the author introduces the different qualities, singularities and function of the 7 kinds of evidences. The following statement is the personal viewpoints of the author.1. A unit can be a witness and offer its testimony to court2. A policeman (including other officers authorized by law)can be a witness and offer its testimony to court in the specific circumstance.3. The concept of "testimony" should be delimitated into just "the statement offered to court" .4. It is unnecessary to introduce the regulation of expert witness into our Criminal Procedure Law5. Confessions and Excuse of the Suspect and Accused should be transformed to Confessions and Excuse of the Accused, and be delimitated into just "the statement offered to court" .6. Register of Reconnaissance and examination is just a pathway to discover evidences. It is not the evidence itself.7. In the light of the high spots of Audio-visual Evidences, it is necessary to establish its self-consistent position in the Evidence Law.In the Chapter 3, Examination of Evidence ' s Legality and Evidence Rules, the article introduces and evaluates the Evidence Rules from the Common Law System , brings forward some recommendation for the legislation of China Criminal Procedure Law. With an eye on the practice as a lawyer, the author centers his field of view on the evidence rules as under-mentioned.1.Best Evidence Rule2.Warrant Rule3. Exclusionary Rule of Illegally Obtained Evidence4. The Rule Against Hearsay 5.The Rule Against Opinion6.The offering Testimony Obligation of Witness7.The Rule of Depone Obligation8.The Rule of Cross Examination9 The Privilege Against Self-incrimination.The Chapter 4 is the discussion about the Weight of Proof. The author formulizes the relationship between the Weight of Evidence and the Subject of Proof, the relationship between the Weight of Proof and the Evidence Regulations, then gets the conclusion that it is though Free Self-confidence that judges decide the weight of evidences. The author also tells the limitation of Free Self-confidence.The Chapter 5 of the article dissertates a traditional proposition, i.e, Standard of Proof. Standard of Proof is the degree that the proof shall be done. At the end of his writing, the author signifies that he will support the doctrine of Legal Truths and his view about the Different Standard of Proof in Different stages of criminal procedure.