Judicial Notice

The system of judicial notice is from the common law, with long-term development, theAnglo-American law has been reached consensus for judicial notice of the basic theory.judicial notice has been widely used in criminal proceedings. China’s research for judicialnotice began quite late, the Code of Criminal Procedure has no regulation about it, and thereare many problems in practice. In the current period of social transformation, our courts arefaced with the contradiction between the upsurge number of criminal cases and the relativelylimited judicial resources. Judicial notice as the exception to the criminal prove rule, caneliminate the cumbersome certification procedures, and avoid the court wasting precious timein the unimportant proceedings, which will improve the efficiency. To make the full use ofjudicial notice in criminal proceedings, there is need to improve the system design. Therefore,in order to build the issue of judicial notice in china, this paper studied the judicial notice. thispaper consists of three parts, the introduction, the body and conclusion, totally about threethousand words.The first part “the basic theory of the judicial notice" discusses the concept, the scopeand the effectiveness of judicial notice. First, this paper introduced several concepts ofjudicial notice in china and abroad, and makes comments on its problems. After combinedwith domestic and international point of view, the author summed up the concept of judicialnotice, and compared with other concepts which confuse it. Secondly, this paper summariesthe scope of judicial notice, and then make it clear that the scope of judicial notice isnotorious facts, accurately and readily determinable facts and the law. Finally, this paperbriefly describes the debate on the effectiveness of judicial notice, and makes analysis of thetwo theories. In the criminal proceedings, this paper agrees that the effectiveness of thejudicial notice is irrefutable, and briefly explained the reason.The second part “the basic theory of judicial notice in criminal proceedings" has twoparts: the value of judicial notice and the risk of judicial notice in criminal proceedings. thevalue of judicial notice is mainly to simplify certification procedures, and to avoid the partiesabuse the right to delay the litigation, which has become a basic consensus. This paperhighlights the risk of judicial notice, which lies in the certainty of it, which possible damageof the rights of the accused, and the risk of abuse and distortion of the understanding of judicial notice.The third part is "the analysis of the present situation and problem of judicial notice incriminal procedure.” First of all, this paper elaborates the legislative and theoretical status ofjudicial notice in china. There is no provisions of judicial notice in Criminal Procedure Lawof China, and currently only the "the Rules of Procuratorate Criminal Procedure “Article334has some relationship with it. Judicial notice as an exotic, was studied quite late in theoreticalstudies, but gradually attaches attention in recent years. In practical application, this paperuses the criminal verdicts of2010in an intermediate People’s Court of Guangdong Provinceas the analysis samples. After the inspection of nearly four hundred copies of the verdict, thispaper noticing that the current criminal judgments matters of judicial notice include thejudicial notice of the court criminal judgment, the notice of the regulations on governmentmatters, the notice of notorious facts, then followed this paper analysis the problems and theircauses in the using of judicial notice.The fourth part is “the construction of the regulations of in criminal proceedings”, whichis around the improvement of the scope of judicial notice and the procedure. In the scope ofjudicial notice, making full use of the notorious facts of judicial notice, defining theboundaries of scientific and technological facts, restricting judicial notice of res judicata fact,excluding facts for sentencing are needed. In procedural regulation, in the first instance,theauthor think we should strengthen the verdict reasoning, And then use the objectionprocedure and inform procedure in the second instance procedures to be regulated.