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Evidence Reinforcing

Posted on:2006-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LuFull Text:PDF
GTID:2206360155459346Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
Which evidences need corroboration? How to corroborate? These questions are always faced to us in practice. The standard of proof is strict in theory, but we are not all accept it, it is implicated in practice, and it is just the answer of some mistaken law case in our country. The author considers the corroboration of evidence is to supply the capability of primary evidence, improve the veracity about the case. Based these, the author elaborates on a topic about which evidences need corroboration and how to corroborate, after comparing the laws of different nations, the author expounds a position about our criminal proceeding law and makes a preliminary sketch about some institutions.This thesis includes two parts: an introduction and the text .The text includes four sections, about 32,000 words.In the Introduction of the thesis, the author puts forward the problem of which evidences need corroboration and how to corroborate, it is also the clues of the thesis. Then briefly explains why the author will write the thesis.In Section One, after comparing different points of view, the author puts forward his own point about the corroboration of evidences, which evidences need corroboration, how to corroborate, the standard of corroboration, and so on. The emphasis is to explain which evidences need corroboration and how to corroborate.In Section Two, the author presents the value about the corroboration of evidences and believes it is rest with the reality of the entity and the protection of human rights. The emphasis is to present the basement of the corroboration of evidences, which the author considers it is that the judgments depending on evidences, the value to limit discretion power of the judge for the truth of the case, the value of the corroboration of evidences under "plea bargaining" .In Section Three, the author introduces the provisions of UK, US, Germany, Japan. The emphasis is to present the value of Adversary system, the value of the corroboration of evidences in "Intimae conviction" , and the knowledge of some country to the rule.In Section Four, after introducing the rule in civil proceeding law and criminal proceeding law, the author exposes the problems about our law, andpresents the ways to improve it, which the author considers it depends on the improvement of standard of proof, the rule of corroboration, the jury's authority to corroborate, and so on.
Keywords/Search Tags:Reinforcing
PDF Full Text Request
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