Font Size: a A A

Docket In The Criminal Trial Transcripts Centrism Phenomenon Research

Posted on:2012-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:B Q YuanFull Text:PDF
GTID:2216330344450208Subject:Law
Abstract/Summary:PDF Full Text Request
In Anglo-American countries, the trail is considered as the attorney's "talk show" in which human testimony and physical evidence will be shown to persuade jury to stand by attorney's side. At such trail, as the judge keeps in a neutral position, the witness and the attorney are the "leading actors" in the contentious procedure. In Continental law countries, instead of Anglo-American style's trail, the judge owns much more power, but he only leads the procedure of the trail, court debate wave after wave guide the whole trail. In western countries, testimony is oriented in the contentious procedure. Apart from few special-right-owned people who can be exempted from appearing in court, most witness are obliged to enter an appearance, who are inquired in a court as well. While in China, most witnesses are unwilling to appear in court which perplexes Chinese legal professionals very much. It is said the court appearance rate of witness is less than 1% by authority. At Chinese juridical practice, all the testimony and other verbal evidence just as the statement of the accused and the statement of the victim appear in the contentious procedure in the form of investigation files in which they are recorded. In the condition of low court appearance rate, court trail depends on reading and investigating investigation files. In other words, Chinese criminal proceedings center on investigation files which indulges the fact of witness's refusal to give evidence on the court. Such inherent model of procedure leads to meaningless court trail. As a result, the investigation-files-oriented judgment model exists in Chinese criminal proceedings. My essay introduces the present situation, reasons and malpractice of Chinese investigation-files-oriented procedure model and put forward several reform directions.The first part of my essay introduces the definition, features, property and functions of investigation files. The second part introduces investigation-files-oriented judgment model's influences. The third and fourth parts analyze the reasons and malpractice of this phenomenon from different sights. The last part introduces such phenomenon's reformation.
Keywords/Search Tags:Testimony, Appearance in court, Verbal evidence, Investigation files, Directed verbal principal
PDF Full Text Request
Related items