Criminal And Native Mode Of Proof

Ancient times, Proof system of the China and foreign countries, generally there are three basic proof method. The first way is proof of divinity, is caused by a phenomena specific behavior shows the intention to make ecstasy factual determination; Proof of the modern way of statutory law set in advance the size of a certain strength of the evidence, the proof as evidence that a simple power calculation;the prevailing way of freedom of evidence prove that the decision by the fact that under the circumstances of the case are free to determine the individual strength of the evidence and all evidence to prove the facts of the case role. Specifically, the way of proof of what the system does not suit the set of strict rules of evidence, so the proof of our more obscure ways, this law does not clearly defined, so e have a study space. In recent years, some scholars in the study draw a Definition of vivid:"Verification Mode", which is a bold generalization and try. Because, the model of writing is still relatively small, it is worth studying the theory and practice.This form of proof from the basic concept and method of using value analysis compared accordingly, show proof of God mode and free mode of legal proof of evidence prove that model have advantages and disadvantages between them can learn from each other. Second, combined with our judicial practice, academic research and advanced foreign experience, proof of our model is more inclined to criminal proceedings "confirm each other" approach. Confirmed as a commonly used method of proof, was adopted by countries in the world, whether common law or civil law, have stressed that among the evidence proved. However, due to our heavy reliance on the proof, or even proof of the entire criminal proceedings to establish on its basis, so some scholars to prove that patterns of criminal proceedings be summarized as "Verification Mode. " Finally, proof of criminal procedure and reconstruction model of the sound, the focus of this article, First of all should do is digestion of the "mutual Verification Mode" the misunderstanding, Moreover, in view of the above three types of proof of the comparison between mode land value analysis model framework Proof in Criminal Procedure and the structure will have a new way to improve, and borrowing the advantages of three proven models, such as the authority of God, show proof mode Sex, legal proof of the normative model, free of evidence prove that the freedom mode, in Verification Mode and the other three proven models strike a balance between the point of reference to improve the care of Proof in Criminal Procedure mode.