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The Circumstantial Evidence Theory In The Common Law And Its Significant Reference

Posted on:2013-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2256330395488070Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
China’s evidence theory start later, and we are also not construct completeevidence theory system today. Among them, the circumstantial evidence theoryresearch especially basic. circumstantial evidence that belongs to evidence lawissues of basic theories in western scholars have been a concern. Our countrydon’t have the tradition of studying circumstantial evidence, and thecircumstantial evidence theory almost all come from abroad. Among them, theSoviet union circumstantial evidence theory mostly influence However, theSoviet union’s circumstantial evidence theory, since it and be the worldrecognized as circumstantial evidence theory foundation in choosing the rice.Bentham try some point of view, also with the western legal thoughts do notcoincide with the mainstream. Therefore, clarifying and introducing orthodoxscience circumstantial evidence theory is necessary.The judicial practice, along with the social progress, criminal trends hightechnology, its concealment is more and more strong. The most commonsituation is that the entire case has no direct evidence, and only circumstantialevidence. How to effectively play indirect evidence function and regulation ofcircumstantial evidence of the applicable rules become a problem to be solved.Full text is divided into five chapters. The first chapter is the common law ofcircumstantial evidence theory formation, the historical background of themain comb circumstantial evidence and the development of the circumstantialevidence perfect process. They mainly discusses the circumstantial evidencetheory in British origin and development process. The second chapter is thefoundation of British and American circumstantial evidence theory, explains thewhat is circumstantial evidence, compares to circumstantial evidence andthe characteristics of direct evidence, lists circumstantial evidence common category and discusses the function of the circumstantial evidence. Among them,we emphasizes the function of the final circumstantial evidence independent.The third chapter is evidence in Britain and the use of the criminal procedure,and the application of the circumstantial evidence in Britain and the UnitedStates in judicial practice. The fourth chapter is British and Americancircumstantial evidence theory for our reference. It is pointed out that China’scircumstantial evidence in the theoretical research of the error and the judicialpractice in applicable circumstantial evidence existing problems, and thendiscusses the necessity of circumstantial evidence introduced in China.
Keywords/Search Tags:circumstantial evidence, direct evidence, the function ofcircumstantial evidence
PDF Full Text Request
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