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On Certification, A Criminal Trial

Posted on:2009-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z B LiFull Text:PDF
GTID:2206360248951103Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The entity of the criminal proceedings is a process of collecting evidence, judging evidence, and using evidence to find the facts of case. The collection of evidence is the mandate of the investigation stage, and judging evidence is the task of the trial stage. At the trial stage, through the burden of proof, Testimony and certification to complete a review of the evidence. In the three sessions, certification is the purpose and destination of Testimony, and the premise and foundation of the facts of case. It can be said that certification is the core of the proceedings. However, in our country's legal and judicial practice, the certification related issues, especially on the basis of some theoretical issue, has been a bone of contention. The disquisition of certification is of great significance for the construction of the theoretical system of certification and accreditation legislation on the establishment.In this paper, the authors introduce the evidence as "stored information material facts of the case" and try to factual information based on the theory of the concept and requirements of certification.This paper is divided into five sections, about 30,000 characters, namely the concept of certification, the certification of elements, certification standards, certification and accreditation model the objectivity of analysis and research.The first part is the analysis of the certification concept. China's legislation on the certification does not make a strict, scientific and rational meaning defined. In my view, it is necessary to make the certification of a scientific and reasonable definition and interpretation, we must fully understand the purpose of certification, and its task in the role of the proceedings. The burden of proof, such procedures Testimony is preparing for certification. Certification in the litigation process plays a connecting link in the central role. It can be to define the concept that Certification is a judge in the trial to review the evidence in the analysis, the ability to confirm the existence of its evidence and evidence of effectiveness to assess the size of the judicial conduct.The second part is the study of the certification elements. Certified elements include the subject of certification, accreditation and certification of the contents of the main three areas. First of all, on the subject of certification, the evidence should be no doubt. Certification must be focused on the objective reality of the material carriers, which can not be the contained factual information. Meanwhile, we should strictly distinguish between that evidence and the facts of the case recognizing that the two are interconnected in the proceedings of the two different stages, not one thing. Second, certification as part of the jurisdiction right, enjoyed only by independent judges. The evidence is the information carrier of its decision that the only the main body of information processing capability is a natural, and it is not organized as a court. Certification of the evidence, including the "acceptability" and "the" two interrelated, an inseparable stage, the trial did not take part in the process of the judicial committee of the evidence it has not experienced the "acceptability" of the stage, so it can not become a certified principal. Finally, the fact that the contents of certification of the evidence objectivity, legitimacy and relevance of determination. The introduction of evidence in the case is the concept of information carriers, evidence will be different from the traditional theory.The third part of the accreditation standards are discussed. In the Chinese legal, on the accreditation standards, there has been an "objective reality" and " legal reality" on the other. In my view, rather than the two standards is indisputable as it is dispute of request. Request is a hope that things or act is the purpose, is more kind of expectations. Instead of the standard is the behavior of specific things or measure. In specific cases, the judge would find it difficult to "objective reality" or "legal reality" to complete such a request on the evidence found. Specific certification standards, can learn from the common law countries for evidence of the ability of evidence and evidence effect, establish standards and the adoption of evidence admissible standards.The fourth part is on the issue of certification model. Establish what kind of certification depends on the mode of action. Contemporary countries generally adopt both sides equal confrontation, and the middle magistrate judge pattern of the proceedings. In fact, the process of certification of judges of the evidence is in the hearts confirmation process. In the process, of course, would be to the discretion of the judge. That discretion embodied in the two levels, on the evidence of choice and discretion of the evidence that the size of discretion. Liberal judges of the discretion will inevitably involve subjective factors, relevant evidence rules is not only necessary but also essential.Partâ…¤is the interpretation of the certification objectivity. First, the facts of the case on the evidence is that the concept of information carriers, both sides submitted by the court "to prove the facts of the case or objects," Secondly, because the prosecution and defence in the trial of the three parties in the litigation purposes, as well as the understanding of the facts of the case different perspective, it formed a separate and different evidence system, that is evidence of diversification. Finally, the system in different evidence, the judge evidence of the system as a result of the burden of proof, Testimony of a series of lawsuits and certification procedures, it is even more likely to close, and in accordance with the "objective truth." The decision is just the value of pursuing litigation, and is one of the purpose of setting up the proceedings. Therefore, the certification is the objectivity of the inevitable demand of the proceedings.
Keywords/Search Tags:Certification, Standard of Certification, model of Certification, Objectivity of Certification
PDF Full Text Request
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