The Principle Of The Criminal Evidence Referee

Evidence referee principle, also known in some areas in Taiwan and other evidence referee doctrine, as a basic principle of modern criminal proceedings have been modern in most countries in the Criminal Procedure Law or legal practice generally accepted in China2010"The two provisions in the Regulations on the handling of death penalty cases to judge evidence of a number of issues"(hereinafter referred to as the death penalty provisions) for the first time determined the form of a legal principle of evidence referee. Principles of criminal evidence referee, we believe that it refers to the criminal process, corresponding to the identification of the facts of the case, we must rely on evidence, that is, the evidence is the only means of ascertaining the facts in criminal proceedings, if there is no evidence, it may not be facts of the case, more should not be considered a crime.This article is divided into four parts on the principles of criminal evidence referee:The first part describes an overview of the basic issues identified by the principles of evidence referee, mainly on the historical origins of the evidence referee principle, the establishment of the principle of evidence of domestic and international referee and establish the basis for and significance of the evidence referee principle experienced a system of divinity evidence, legal evidence, and gradually established the principles of evidence appear to Free Evaluation of Evidence. This process reflects the pursuit of the protection of human rights in criminal proceedings, litigation rational and procedural justice of these proceedings value, but also reflects the people’s litigation philosophy is continuous improvement. The second part describes the basic content of the evidence referee principle, this part focuses on the basic content of the evidence referee principle in criminal proceedings for the recognition of the facts of the case, the need based on evidence, if there is no evidence, not facts of the case, In this section, which focuses on he connotations of the facts and evidence, correct understanding of the principles of evidence appear to need to properly understand the connotation of the facts and evidence, the facts of the facts include the facts of the substantive law the principles of evidence referee, that is evidence to prove the crime, also includes the facts of the procedural law;, criminal, there are some exceptions do not apply the principles of criminal evidence referee, namely, the presumption of judicial notice. The third part describes the practical issues of evidence referee principle mainly discussed the evidence of referee principles and methods of proof to prove the link between responsibility and cross-examination. The fourth part mainly expounds the evidence referee principle of the way, this part of some problems from our current evidence referee principle, elaborated from a perfect direct words, the principle of open three to strengthen the independence of the judiciary and trial.Due to differences in various aspects of the historical factors of each country, culture, national conditions, understanding and awareness between the different countries and regions for the. connotation of evidence and criminal evidence referee is not exactly the same in China this year, the newly revised Code of Criminal Procedure the connotation of the evidence clearly defined. Although the level of science and human understanding of raising the level of evidence Magistrates’ connotation of continuing advances in understanding the world in the course of criminal proceedings, there are still some of the practices contrary to the principles of evidence appear. So is necessary to clarify the basic meaning of this principle and should be adhered to, in order to put an end to the phenomenon contrary to the principles of evidence appear. The Principle of Criminal Evidence referee needs the protection of the system, however, not all countries have improved these systems, China provides that evidence referee principle, but because it is just clear, in practice management and system security remains to be further improved.