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China Criminal Evidence Information Display System

Posted on:2005-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhangFull Text:PDF
GTID:2206360125457824Subject:Law
Abstract/Summary:PDF Full Text Request
The presentment system of criminal evident information is an adversary system or something like that , which matchs with adversary procedure. . It devotes so much to reach the aim of justice and efficiency in criminal procedure, It has been proved well in common law system countries. Just as Amrican judge Traynor said: "Truth could be found most possibly when one party knows about the other one in a lawsuit, but not in surprise attack ."The criminal procedure law just has adversary systems basic characters after 1996's revisement. It's regret that the historical origins of the presentment system of evident information still could not be seen in the revised criminal procedure law for the reasons of history and reality, So the defects are so distinct. Anyhow, the lawsuit mode system procedure, which the revised criminal procedure law has , made a good foundation for the new system come into being.As for the content of the presentment system of evident information, It should be constructed by subject to present; form to start; time to present, It should be constructed by subject to present; form to start; time to present; place to present; scope to present and responsibility, For the operation of the presentment system of evident information,I think these steps are necessaty . Firsty, presentment between prosecutor and defence councel; Secondly, the legal presentment held by the prosecutor against the accused;Thirdly ,one party has right to ask for a presentment; Forthly , the second presentment could be held between the prosecutor and the defence councel; Fifthly, the judge preside to present, it includes presentment both by the procedual judges and thesubstantive judges.In a word ,the presentment system of evident information of China should accord with the trend of modernization and internationalization, but the traditional legal culture and legal environment should not be neglected, otherwise , the presentment system of evident information of China could not be able to play as well as we expect, and the expected purpose could never be reached as well.
Keywords/Search Tags:The presentment of evidence information, The value intendence, The bacic principles, Content composition, Opration system.
PDF Full Text Request
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