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Study On The Procedure Of Judging Evidence In Criminal Trials

Posted on:2014-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:M M GaoFull Text:PDF
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This essay is the procedure of judging evidence in criminal procedure. In the essay, historic, comparative, empirical, intersectional methodologies are adopted.The author gives an all-round, systematic, and profound study on the theoretical and practical questions such as basic theories of the judging criminal evidence, running principles of the procedure of judging evidence, the basic procedure of judging evidence, existing problems, causes, etc. Besides, the author gives rational thinking in how to solve the problem of the procedure of judging evidence in criminal procedure, and ensuring the justice and efficiency in judging evidence and trial.The logical beginning of the study is to accurately define the judging criminal evidence. The subjects of judging criminal evidence are judges and jurors of a certain case, suit theory and basic sources are all evidence material, and the content and range are competency and weight of proof. The basic stage of judging evidence is the stage of court investigation, and the stage of court debate is equally important. The judging criminal evidence can be divided into two types:one is in court, and the other is after court. The former is an inevitable trend, the mode which combines court judging evidence and referee judging evidence. There were three modes of judging evidence:ordeal, statutory, and discretionary. Chinese legislation on judging criminal evidence shall adopt and perfect the following rules on the basis of considering China’s state and learning the advantages of the rule of evidence of the Anglo-American law system:rule of hearsay, rule of exclusion of illegitimate evidence, rule of opinion evidence, and rule of best evidence, legality rules, rules against inducible queries, correlation rules, empirical method, contradiction method. The principles of judging evidence should strictly adhere to the following principles:the principle of directness and verbalism, the principle of cross-examination, free proof rule, the principle which combines court judging evidence and referee judging evidence, the principle of the accuser-defendant balance, Judge guiding principles. The procedure of judging evidence shall verify according to the different types of criminal cases including simple and common cases.The judging criminal evidence shall take epistemology, psychology, and probability to be the theoretical guide. The judge’s quality and accomplishment can not meet the need of accurate judging evidence during the court trial, we should strengthen the selection of judges, emphasis on the training of judges and strict disciplinary mechanisms. The subject serious imbalances in suit resources and the ability of the issuance of certificates, we should restrict the right of the Public Prosecution investigation and further improve of the power of investigation on the new Criminal Procedural Law. The defender’s invalid or ineffective defense, we should build criminal evidence disclosure before in criminal cases, further expand the lawyer’s right to investigate and collect evidence and strengthen the defense lawyer the quality of professional ethics and self-cultivation. The capacity and level of cross-examination between the prosecuting and defending parties is not high, needing to pay attention to the method and skills. The process of judging evidence lack of reasonable regulation and the judge tend to secret inner conviction. Criminal judgment exists reasoning problems, we should adopt new forms of structure and way of reasoning, strengthen the analysis and appraisal of the evidence and the overall analysis of the forming process of the judge mental impression.
Keywords/Search Tags:judging evidence, procedure of judging evidence in criminal procedure, Publicity of free inner conviction, operating principles of the procedure of judgingevidence in criminal trial
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