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Studies On The Burden Of Proof About The Procedural Facts In Criminal Procedure

Posted on:2012-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ChenFull Text:PDF
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As China's current criminal justice system is essentially a substantive judge that the defendant's criminal liability to be the referee's action mechanism, the existing law and udicial interpretation no clear the procedural facts included in the program "legal" proof of the scope of the object, for the procedural facts as the legality of such proceedings affect the outcome of litigation and litigation process, they are essentially unilateral judge or administrative means of a simple way to make a ruling, there is no clear statutory allocation of the burden of proof and standard of proof, which led to the regions throughout the criminal proceedings had been neglected as a "blind spot."To research into the burden of proof about procedural facts is conducive to resolve the situation.In the criminal proceedings, theorists have agreed through the study that the procedural facts can become the object of proof or not, they all acknowledged the procedural facts can be used as the object that the activities of proof, the facts contained in the procedural law have discussed the main content , and for the burden of proof of procedural facts issue, scholars do less in-depth study ,there are not many theoretical results.Scholars pay more attention to the referee on the procedural mechanisms of the construction of the system, although they study the burden of proof about the procedural facts which occupies an important seat in this system,however,they are all mentioned a little when they discuss the construction of the system,and they are not as a main object of study to be discussed.In contrast, in some Western countries, because the law spirit of justice deeply influenced , plus they are more developed than China in proof theory and proof system,they do more research than us in the field of the proof of procedural facts,the specific performance is that there are specific criminal provisions or relative to the proof of procedural facts,when the procedural rights of the litigants was violated,they can resort to the seclearly law,not judicial discretion or arbitrary decision.In view of the procedural facts having an important impact on the burden of proof in criminal proceedings and the proof of procedural facts in judicial practice in China has not given adequate attention,and the difference of time between domestic and international research on the issue of the theory,when the author discusses the burden of proof about the procedural facts,the major countries of two law legal systems become a major reference object,through study abroad on this issue,this paper will start from several major procedural facts in Jurisdictional disputes,the reason of avoiding and admissibility of evidence and the proof of them,with relevant foreign legislation and case law,to put forward some ideas in the construction of the system of the burden of proof about procedural facts.
Keywords/Search Tags:procedural facts, the burden of proof, Jurisdictional disputes, the reason of avoiding, admissibility of evidence
PDF Full Text Request
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