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Evidence In Criminal Proceedings. Discovery System

Posted on:2005-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z H FangFull Text:PDF
GTID:2206360152966356Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence display is an important conception and system of the litigation procedure of litigant and semi-litigation. It originated from the British and American criminal litigation of the party concerned. Evidence display, also called " evidence show ", "evidence information ". Its theory basis is on the foundation of litigation procedure justice.Nations which practice the litigant doctrine in the world approve and carry out the evidence display system. In the British and American, the evidence display system is very perfect. The current criminal litigation in Italy and Japan borrowed a lot from the British and American law. In Germany and France, the law belongs to the mainland system, and the litigation mode practice job power doctrine. There is no evidence display demand in criminal litigation, but the defendant has the legal power to check the files to understand the evidence of sue provided by the procurator.In 1996, the revised Criminal Litigation Law made great modifications on ' the criminal judicial system. It absorbed the reasonable elements from the litigant doctrine mode. Although there are some similar rules of evidence display in Chinese Criminal Litigation and some judicial explanations, they are not complete ones. There are some principle rules about the evidence rules in Chinese Criminal Procedure Law and justice explanations concerned, but they can not confirm with the current need and lags a lot after the practice. Reforming and improving the evidence legislation, including evidence display is imperative.
Keywords/Search Tags:criminal litigation, evidence display, procuratorial accusation, defense
PDF Full Text Request
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