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Rigorous Proof In Criminal Proceedings. And Freedom Proved

Posted on:2009-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:J YinFull Text:PDF
GTID:2206360248950790Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
Finding out the truth of every criminal case is the cognizing to preterit fact, because the fact pasted, it is dificult to understand the truth so people just can be close to the truth in the extreme. It is a common difficult problem of all ages that how to approach the objectivity much more. People always find out the reality of the criminal case by proving. So to insure the authenticity of people's understanding we must make sure that the standard of the cognitive results is high and the regulation of proving is strict. The standard of the cognitive results is comfirmed criterion, and the standard of the regulation of proving is the strict degree of restriction to proving activities, in other words, it is strict proving and free proving. This is a elaborate rule of proving activities which distinguishes between the objects to applying the ways of strict proving and free proving. Its purpose is to increase the efficiency of the lawsuit and get the justice. This thesis tries to introducce the theory of strict proving and free proving, shows its effects to restrict proving activities, and offers a choice to perfect the proof law.This thesis has about 30 thousand Chinese letters and is divided into four parts. The following is the summarys of the four parts.The first part introduces the beginning and the development of the theory of strict proving and free proving, and introduces what caused it. The idea of strict proving and free proving originated in Germany criminal law field in late 19 century. The criminal law scholar Dizen turned the idea to the theory including systematic analysis. Now this theory is popular, and gets abroad. This theory has entered into Japanese and Taiwan province of PRC's law field. The advantage of this theory is increasing the lawsuit's efficiency without bad effect on fair.The second part discusses the meaning of strict proving and free proving. The article explains the conception of strict proving and free proving and analyses their characters. The differences of the two concepts are whether they have strict evidence form, strict investigating process.In the end of this part, author compares three pair of confusional conceptions to nail down the meanig of strict proving and free proving farther. Strict proving is the regulation that goes through the lawful means and procedure, and investigates by the use of the proving possessing the efficiency of liltgation; while free proving is the rugulation that goes through the judge's free adjudication to the judgment by the use of the proving not deficitely posessing the eficiency of litigation.The third part discusses the idiographic usage of strict proving and free proving. Proving activities need finding out the reality as well as increasing the efficiency. Distinguishing between strict proving and free proving must observes three preconditions. They are truth, fair and efficiency. The thesis shows the usage of strict proving and free proving in detail, including the fact of criminal component, justification bar and burden bar ,simple process,the acceptability of the confession,the polt determinged the measurement of penalty, procedural fact and special experience. Meanwhile, the usage of strict proving and free proving is not absolutely unchangeable.The fourth part introduces the function of the trict proving and free proving theory in the evidence rule and the necessity of using for reference. The importance of restricting proving activities went without saying, because it relates to not only finding out the truth of the fact, but also the protection to the parties. Chinese criminal procedure law gives priority to legal prosecute, so there is a large quantity of the public prosecutiong every year. If we don't make great efforts to find out efficient ways, the judicature system would can't bear the burden. The strict proving and free proving theory accords with the fact of our country, so it is a good choice for us while improving the evidence rule.
Keywords/Search Tags:proving, strict proving, free proving
PDF Full Text Request
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