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The Collect And Use Of Character Evidence In The Juvenile Criminal Cases

Posted on:2012-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:X J ChenFull Text:PDF
GTID:2216330338460108Subject:Criminal Procedure Law
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Character evidence is crucial in the juvenile criminal justice in most countries, and it has formed a distinctive collection and use procedures. It is no exaggeration to say that the high priority to the character evidence has become one of the signs of the juvenile criminal justice. However, because of the lack of legislative, the fatigue of theoretical research and lacking of experience in judicial practice, the collection and use of character evidence has many problems, like the collect subject is not clear, the design of program is unreasonable, and lack of impartiality. In this paper, the author summarize the experiences and insufficient in current practice, and provide some reference suggestions to improve legislature and judicial practice. This thesis can be divided into three parts:The first part has three aspects: One, clarifying the concept of the character evidence, also the relation and difference between character evidence particularity and social investigation report. Two, systematically discussed the particularity of juvenile character evidence, prove that it's necessarily study the juvenile character evidence. Three, from the view of juvenile criminal justice theory, international conventions, and the criminal justice policy, demonstrate the importance of the use of juvenile character evidence.The second part mainly makes research on the collection of juvenile character evidence. First, summed up the contents of the collection of juvenile character evidence, And summarizes the four forms of character evidence, namely, criminal record investigation material, social survey, personality survey report, study conclusions. Second, discuss the four categories of subject in the collect of juvenile character evidence and characteristics with the judicial practice in our country. Again, show the character of the evidence collection procedures with the collection process, collection methods, the formation of conclusions and other aspects. Finally, on the basis of the previous text, summed up the problems in the collection of juvenile character evidence and put forward relevant improvement.The last part eyes on the use of juvenile character evidence. First of all, with the normative requirements of judicial practice and the practice of foreign, describe the juvenile character evidence more detail at the investigation stage, the prosecution and trial stages of the application. Secondly, in summing up the lack of the use of juvenile character evidence, proposed to expand the use of the juvenile character evidence, to establish a character evidence rule, and to improve the rule of using character evidence. Finally, study the establishment of supporting facilities of character evidence.
Keywords/Search Tags:Juvenile Character Evidence, Social Investigation Report, the Rule of Using Juvenile Character Evidence
PDF Full Text Request
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