Public Prosecution Case Facts In Evidence Collection Of Words

" Facts are the foundation of judicial justice ". Facts cognizance of criminal cases based on the criminal evidence acquisition, judgment and identification on the basis of review. This article from the angle of criminal case facts, combined with the new criminal procedure law of evidence rules system regulations, only to our country criminal prosecution in verbal evidence in public prosecution, trial, judgement of adoption of problems are discussed. Papers in the structure to do the following arrangement:First, Chinese verbal evidence on criminal judicial justice to do a review. Based on defining the connotation and scope of evidence is more recognized the " expert opinions " classified as verbal evidence theory. Based on the past happened a trumped-up case analysis, elaborated the verbal evidence examination and judgment on the facts of the case and certification as a key role, and this paper discusses the necessity of.Two, try from theoretic level with the judicial practice, to the point of pretrial evidence review, the judgment of the superficial discussion. Before the court evidence investigation stage mainly refers to the collection, the stage of review and prosecution review of verbal evidence, this article talks about the division of words on the review of the evidence reviewed is the main proof ability, can be permitted in court show, review and judgment and its application. Combined with judicial practice, examining and judging the evidence for prosecutors to hold key were summarized.In three, asserting the fact of case is one of the main tasks of judicial judgment, finding of facts is to apply law correctly, make a fair judgment basis and prerequisite. This paper judges the how in the reactor be even full of oppositions and contradictions between the verbal evidence, review, analysis to determine the strength of the evidence question words, and the words of the strength of the evidence are described. In this article the author touches the law does not expressly cross-examination at court, the court of connotation, necessity, cross-examination subject, scope, way and procedural issues research, combined with China’s judge court practice, illustrates the establishment the quality certificate system the necessity and the feasibility, and finally put forward research on Constructing China s Court questioning system specific tentative plan.Four, in recent years the judicial reform, scholars from many evidence rule in Anglo-American law system, the new criminal procedure law promulgation and two evidence rules, in order to guarantee the trial judge certification smoothly, ensure that the facts of the case representation, established illegal evidence exclusion rules, opinion words evidence exclusion rules, Co. direct oral evidence rules, corroboration rule certification rules, marking China’s criminal words evidence rules system is initial form. This article in detail about the certification rules at the same time, will also be investigators, expert witness, witness system are discussed, especially in terms of exclusive rule of illegal verbal evidence supporting system will be the last Supreme Procuratorate Ministry of public security in the pilot " measures against Torture " throughout; in terms of limited direct oral evidence rules the court appeared to receive the interrogation system undertook effective exploration. To build China’s criminal justice activities in the process of real application of rules of evidence, the judge inner conviction system also had the necessary exploration.