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A Research On The Referee By The Principle Of Evidence In Criminal Procedure

Posted on:2012-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2216330338970939Subject:Law
Abstract/Summary:PDF Full Text Request
The principles of evidence referee, the referee called the evidence doctrine, is the facts of the case in the proceedings for the identification, must be made on the basis, not based on facts of the case can not be found. Procedural Law and the modern law of evidence one of the most important legal principle, the principle of evidence appear in today's world have laws and regulations and general legal practice has been the establishment and expression.The principle of evidence referee has come a long process of historical development. Facts of the case proved that human beings have gone through a long historical process of development. In early human, because of development of productive forces by the time and cognitive constraints, commonly used in the case of God the Judge of said referee, fight referee, referees and other sworn proof way of proof of facts of the case which is an irrational way The way the administration of justice. With the accumulated experience of human knowledge and understanding capacity, a rational way the administration of justice and thus appears to replace the non-rational way of administration of justice, this is the way of evidence appear. This approach requires the referee must be evidence-based facts can prove that all the facts must be evidence that there is evidence to capacity as the basis for decision. Referee evidence proved that the principle of rational function of its unique way to occupy the dominant position of the referee, and eventually became the modern law of evidence the most important basic principles. Until the referee produced the principle of evidence in criminal proceedings play an important role, is the inevitable result of the development of criminal proceedings, but also a lot of progress, civilization, philosophy and principles of the embodiment of litigation and requirements. Evidence not only for the referee system, evidence system, but also for the entire litigation system is of great significance. The theoretical basis of the principles of evidence referee should involve the epistemological basis, protection of human rights theory, theory of value based on the three aspects. It is based on cognitive ability, knowledge, experience, continuous improvement and the accumulation of human ignorance and backwardness of the gods abandoned the said referee system, the choice of the way the referee after the evidence and continue to move forward, the evidence the way the referee is not reasonable from the transition to the legal evidence appear free of evidence of a reasonable way to judge. Protection of human rights is not only an important aspect of criminal procedure and one of the basic concepts, but also one of the purposes of criminal proceedings. In order to protect human rights, the modern principles of evidence presented evidence to the referee evidence of the legitimacy or capacity requirements, non-statutory forms of evidence, the use of torture or a threat, enticement, deceit and other illegal methods to obtain the evidence and violation of procedural requirements and the evidence obtained, are can not serve as the basis for deciding. Shows the principle of evidence appear to exclude evidence of ability there is no evidence to protect human rights. Litigation activity as a separate legal activities, inevitably involves a variety of value options and implementation issues, therefore, as an important part of litigation evidence referee system, and its value should also be diverse, in general, at least order, freedom, justice and efficiency values.The principle that evidence referee facts based on the principles of evidence, the evidence is the core of the litigation process and the key used in evidence should have the objectivity, relevance and legitimacy of the three major characteristics. In the administration of justice, the judge is the referee's main evidence is based on the evidence of the proceedings to determine a dispute between the parties and a neutral arbiter of treatment. Judgement of judges, including professional judges and non-professional judges. The former has a good professional knowledge of the professional judges, who judge the general public for the layman, such as the common law jury trial, civil law jury and other people in our country. Because of different legal traditions and the formation of a different form of court organization, professional judges and non-professional judges in the cases in the trial of cases is not the same role.Evidence of the fact that the object of the referee, can be divided into facts to be proved and the fact that two types of exemption certificates. Which facts to be proved can be divided into substantive law and procedural law the fact that fact.Although there is no express provision of the Criminal Procedure Law the principle of evidence of the referee, but the Supreme People's Court in 2010, jointly issued by five ministries such as the judicial interpretation "to determine on the evidence for review of death penalty cases, the provisions of a number of issues," the first time, the evidence clearly established the principle of the referee, some legal provisions in the Criminal Procedure Law also reflects the spirit of the principles of evidence referee, but there are still many deficiencies, but also the need for additional and improved.
Keywords/Search Tags:Evidence to judge, Evidence of ability, Adjudicative fact
PDF Full Text Request
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