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A Study On Effectiveness Of Criminal Evidence

Posted on:2013-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q B XiaoFull Text:PDF
GTID:2246330374987739Subject:Law
Abstract/Summary:PDF Full Text Request
The fundamental role and direct purpose of Criminal Evidence is to prove facts of cases,in order to prove and restore the facts on the maximum extent,we ned,on the one hand,to regulate the certification process with reasonable evidence rules,on the other hand and also the most important aspect,to ensure the evidence which is raw material for proving with high quality.A high quality Criminal Evidence is not just a thing that meet the basic properties of Criminal Evidence,but also a Criminal Evidence with "effective".The concept of Evidence is different both to Evidential Materials and to Basis for Deciding Cases,from Evidential Materials to Evidence,and then to Basis for Deciding Cases is, the process of Evidence’s Formation and Application process.Effectiveness of Criminal Evidence means Criminal Evidence can be used as the extent of Basis for the Decision’s,and Effectiveness means legal,useful,economical and confirmed,this is the intention of Effectiveness.The extension of Effectiveness of Criminal Evidence reflected in the relationship between Effectiveness of Criminal Evidence and other property theory of evidence,as:evidence of objectivity relevance and legitimacy,evidence admissibility,the ability of evidence and the probative force,and also the Defective evidence,Illegally obtained evidence.The theoretical basis of Effectiveness of Criminal Evidence are the idea of legal truth,the immanent demands of evidence rules,and the value pursuit of Criminal Evidence.Match along with the concept of Evidence,The conditions of Effectiveness include:legitimate,obtained under witness,submit in time limit,able to show,able to examine,economical and be applicable.there are three state of Effectiveness:effective,ineffective,and undetermined Effectiveness,the ineffective should be excluded,the undetermined should be corrected or be excluded.
Keywords/Search Tags:Evidence, Basis for Deciding Cases, Effectiveness ofCriminal Evidence
PDF Full Text Request
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