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For The Relationship In A Criminal Trial

Posted on:2013-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2246330374970477Subject:Law
Abstract/Summary:PDF Full Text Request
For relationship certificate, shall obtain the defendant statement and get material evidence, documents, witnesses’testimony and other evidence of between time sequence, and oral confession and other evidence of matching degree.How to choose confession and physical evidence cause conflict of interest, how to balance the crimes and protecting human rights conflicts of interest between? If blindly confession of lay particular stress on, from the investigation phase began to cause of torture, leading to the occurrence of a crime. This article through the contrast with our country for card in foreign legislation, in conjunction with the relevant case, a detailed explanation of the accused and have something material evidence, documents, witnesses’testimony and other evidence of time sequence between; And the fit with the other evidence confession degree of the influence of the conviction. So the judge in the case, through the causes of the crime of previous explore, through to the relationship between the scientific analysis for card, through to the relevant laws and the improvement of the system of and improvement, can minimize even avoid the happening of criminal crime, so as to safeguard judicial dignity, guarantee of human rights. In no effective system guarantee confession of voluntary, through the analysis for the card relationship to judge the authenticity of the confession or objectivity. A good help to solve final issues, effective decrease and prevent the occurrence of criminal crime, and larger degree protect legal rights of parties, this is for card in relation to determine the case facts has important value.Finally based on recent" in China by the modified points the draft", with China’s current legislation present situation, in for card relationship, illegal evidence put forward the feasibility Suggestions.
Keywords/Search Tags:The cognizance of the testimony and the other evidence, thetestimony and the other evidence fit degree, confessioncenter, illegal evidence, corroboration
PDF Full Text Request
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