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Discuss The Intime Conviction Under The D-S Evidence Theory Framwork

Posted on:2014-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y R WangFull Text:PDF
GTID:2256330401490121Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Intime Conviction system, established in most countries of the world, is able togive full play to the initiative of the judicial personnel and to overcome thedisadvantages of statute law, namely that it cannot meet the real-life diversity. IntimeConviction allows the judge to make discretionary judgment to the probative force aswell as certifying the results in a particular case based on their knowledge, conscienceand experience. Due to the variability of life, judges are allowed to use IntimeConviction to overcome the limitations of the statute. Intime Conviction plays animportant role to the judge’s knowledge, experience, and sophisticate during theproceedings. However, it is not perfect, and if we do not overcome its defects, unfair,unreasonable judgment will be generated during the proceedings. Both the specificoperation and fair and reasonable implementation in judicial practice of the IntimeConviction, are implemented through understanding and the will of the judge, sobefore introducing Intime Conviction, we must pay attention to the humancharacteristics of "diversity, variability, susceptible to interference" in the judicialpractice, for deficiencies of Intime Conviction system and the" diversity, variability,susceptible to interference" characteristics of the human in the judicial practice. Thispaper brings up the idea of applying the D-S evidence theory in information science tojudicial practice which enables the initiative of judges which prevents the abuses ofsubjective good, thus breaking conclusions.Applying D-S evidence theory to the practice of criminal justice can regulatejudicial officers diversity, variability, susceptible to interference problems, inhibit offsubjective trespassing. In the use of Intime Conviction system identifying evidenceforce of criminal evidence, using D-S evidence theory fuse each force of singleevidence by judge; evidence material contact with the case in real life is diverse.Handing over identified the force of evidence to the judicial officers is morereasonable, but due to the differences in various aspects of the judge, fuse the force ofevidence by judge is necessary. Intime Conviction at center of D-S evidence theorycan also be applied to the illegal evidence, which uses D-S evidence theory to fusemultiple referees’ recommendation to reasonably exclude illegal evidence.Commutation of the evidence and intricate Infliction evidence in the sentencingprocess are complex, the judge’s use of Intime Conviction for sentencing is difficult to get a reasonable sentencing, with the crime of the same criminal sentencing results,the use of the D-S evidence theory fusion of these sentencing evidence, can get areasonable result, with the crime of the same criminal sentencing results. The D-Sevidence theory oriented Intime Conviction can decentralize the decision-makingpower, since everyone involved in this process may have some influence to finaldecision-making exercise, which is conducive to the impartiality of the judicial powerrun.Applying D-S evidence theory to the practice of criminal justice can effectivelyrestrain the possibility of judges’ subjectively settling a lawsuit, thus the discretion ofthe judges is constrained effectively, and reflect the fairness and justice of the criminaljustice, so that straightly guarantee a stable social order.
Keywords/Search Tags:Intime Conviction, Criminal Trial, D-S Evidence Theory, Fusing theForce of Evidence
PDF Full Text Request
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