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The Research On The Exhibition Of Criminal Evidence

Posted on:2013-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:F YangFull Text:PDF
GTID:2246330374490453Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal Evidence shows the system originated in common law countries,because it contains the value of fairness, efficiency and protection of human rights, Itplays a pivotal role in those countries which implements the adversary proceedingsmode. In1996, The purpose of the Code of Criminal Procedure was reformed in orderto prevent a judgement before the trial prejudge,by the equal of the prosecution anddefense in the trial, enabling judges to make fair judgment in the neutral position.However, we can easily find that the existing legal system provides no criminalevidence presentation system, It only tactfully reflected in some legal provisionsand judicial interpretations, Because of flaws of the law, which greatly weakened thedefense the right of scoring, resulted in the prosecution and the defense against theposition of the imbalance, direct impact on the reform of the Criminal want to achieve.In2012,the" Criminal Procedure Law" was passed in the Eleventh National People’sCongress at the five meeting, the law cancered the1996" Criminal Procedure Law"only to the list evidence as evidence rules, requirements of procuratorial workmechanism, move all the files and evidence materials, at the same time it makes a bigprogress in the defense right of meeting, marking and so on, also strengthening thedefense right of defense. But it is pity that the law remains in legal provisionsstipulated in the criminal evidence demonstration system, hinders the adversarialsystem mode development in China.If you analyse China’s status quo of the currentcriminal legislation and its judicial practice, you can see the Criminal Evidencedisplay system built in our country and institutional barriers. Through to theCriminal Evidence shows System theory research,In reference to foreign criminalevidence demonstration system of valuable experience, analysis of China’sconstruction of criminal evidence demonstration system the necessity and thefeasibility of the foundation, put forward our country to construct the criminalevidence demonstration system should contain specific content. On the one hand topromote the unity of the logic of the criminal proceedings,the real play of theperformance inherent in the adversarial system of litigation. On the other hand canalso promote the further integration of Criminal Procedure and the world...
Keywords/Search Tags:Code of Criminal Procedure, Evidence display, System Construction
PDF Full Text Request
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