The Rationality Of Criminal Fact-finding Procedures In China

The main content of the criminal proceedings is to discover the facts and make areasonable judgment. The accurate and reasonable identification to the facts of a case,as the premise to judicatory authority, makes everyone agree with and obey theverdict. Thus attain the goal of social controls. Usually we adjust the legal interestsand behavior in the procedure, and the reasonable procedural law will ensure the finaljudgment to be reasonable. In order to promote the impartiality of the criminal cases,and realize the value of the litigation procedures, it is important to guarantee therationality of the fact-finding procedures. The criminal fact-finding procedures, as themeans of the judiciary to find out the facts of cases, make it possible for the criminalsuit to be done in a standardized and legitimate manner in the processes of proof,cross-examination and certification. Moreover the referee of facts could be keep withthe true in maximally by the reasonable fact-finding procedures. There is realisticsignificance to the criminal suits in China by means of researching the rationality ofthe criminal fact-finding procedures currently. In addition, it will play the importantrole in the reform of criminal justice in China.Besides foreword, there are three chapters in the paper:Chapter one is the basic issues about the rationality of fact-finding procedures.First, this part introduces the concept of "procedural rationality ", defines exactly thereasonable procedures shall be comply with the requirements of "legitimate","compulsive" and " commendable ". Second, discusses the contents of the reasonablefact-finding procedure on the premise that its meaning has been determinate. Third,analyses the substance that the values by the reasonable fact-finding procedurecontained: to be right, instrumental and economic.Chapter two is to review and discuss whether the fact-finding procedures arereasonable in the criminal procedure in China. Combined with the legal rules in China,it summarizes and assesses the processes of proof, cross-examination and certificationby the points of legislation. Furthermore, it points out that the rationality of these major procedural norms to evidences with defects and deficiencies.Chapter three is to analyze how to implement the procedural rationality of thefact-finding procedure in criminal suits. The paper will demonstrate the relationsbetween the system of criminal procedure, procedural rules and the fact-findingprocedures by discussing the proof sequence, evidence collection system, evidencedisclosure system, witness system and the manner of evidence approval. Thusspecifies that the effective operations in the system of criminal procedure andprocedural rules bring about the fact-finding procedures in criminal to be rationality.