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On The Effectiveness Of Outside Evidence In Criminal Proceedings

Posted on:2008-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ChenFull Text:PDF
GTID:2206360215972980Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
Evidence is judicial fairness foundation stone, is civil suit core and basis, if law does not have evidence, all legal action activities will become water without a source and a tree without roots. Because of our country evidence legislation falling behind, the Criminal Procedure Law canon does not set up systematic evidence regulation, especially the spirit being short of evidence verifies a standard and illegal evidence removes regulation, Legislation if evidence adopt to have happened gained middle besides to procedure in actual judicial practice chaos these fatal defects going ahead have led to. To whether ought to change if not having the evidence effect for instance, discipline inspection organ if evidence have evidence gained by the regulation (try out) examining that organ law case checks up on work according to Communist Party of China discipline to render a service, how conversion to wait for a series of problem, existence to be all very big in theory and practice difference. This chaos method of work has endangered but country politics order stability and the civil rights protection, the target that the unification, and our country socialist country ruled by law having had direct impact to socialist legal system build has been ill-adapted to. The evidence effect trying to pass besides to procedure analyses a thesis, the unification in order to obtain the evidence besides standard procedure adopt a standard, in order to guide actual judicial practice but, reaches the balance cracking down on committing a crime and guaranteeing human rights ultimately, realizes the civil suit purpose, promotes development of a socialist legal system much better.The fist part has discussed evidence effect basic theory besides civil suit procedure. Owe a part the evidence range and three evidence effect relevance theory besides connotation, civil suit procedure including civil suit procedure content. That evidence renders a service has been the priority that this part discusses, the effect on the grounds of the evidence evidence has establish a basis by the fact that discussion to evidence effect relevance theory, the evidence being to analyse discipline inspection hereafter supervising evidence rendering a service and investigating and verifying for the first time. Regulation rendering a service in the evidence judging that when whether some item evidence data can may be put into use as criminal evidence, the author has assumed that four judge: Be that evidence manifestation is legal, the main body collecting evidence's legal, obtains evidence way, method legal, obtain evidence procedure is legal. Only when satisfying above-mentioned regulation, be evidence data ability's turn the basis making verdict to be by the judge.PartⅡhas introduced that discipline inspection supervises the evidence evidence effect. Since collecting discipline inspection evidence main body is not a legal staff member, part discipline inspection has supervised evidence not having legal evidence manifestation and obtaining evidence having problem on way, method and so on, has led to discipline inspection supervise evidence being able to not be put into use directly as criminal evidence. This can not deny that the person is the possibility that criminal evidence uses but, this is that self characteristic, discipline inspection supervise evidence having rare incomplete and exchange the difficulty decision taking discipline inspection supervising evidence's supervise law case from discipline inspection. That part has analysed discipline inspection fourth section concretely supervising the evidence evidence qualification, and the evidence qualification supervising evidence has divided discipline inspection into two parts for discipline inspection supervises self's words evidence evidence qualification and discipline inspection supervising material object evidence evidence qualification to be in progress comment that.PartⅢhas discussed the evidence effect investigating and verifying evidence for the first time. Since having collected first decision such as QUAL on investigating and verifying the evidence main body and formal evidence behaviour QUAL, the person has had extremely large possibility being put into use as criminal evidence. In actual judicial practice, in general also it is used directly as criminal evidence. Mount but, analysis from legal principle, investigate and verify for the first time on the grounds of the evidence being also one kind of blemish evidence, besides also belonging to civil suit procedure. That part has assumed concrete analysis, has changed at the same time also to investigating and verifying evidence for the first time being put into use having made the distinctive tentative plan also to checking sells words evidence for the first time and checking material object evidence for the first time.PartⅣsupervises evidence evidence effect and discipline inspection within evidence and civil suit procedure within civil suit procedure evidence and investigates and verifies the effect on the grounds of evidence for the first time having assumed the effect summarizing that comparatively, to look forward to reaching to front, the tripartite sums up , is summed up as. The thesis has introduced suggestion and countermeasure resolving the evidence effect besides civil suit procedure's finally.
Keywords/Search Tags:Procedure, Investigate and verify evidence for the first time, Discipline inspection supervises evidence, Evidence renders a service
PDF Full Text Request
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