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Research On Evidence Referee Principle In Criminal Procedure

Posted on:2015-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:P P DongFull Text:PDF
GTID:2296330431985863Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal Evidence referee principle, known as "Criminal Evidence referee doctrine",refers to that the facts of the crime identification must be based on evidence in thecriminal proceedings. It is a basic principle of Evidence Law and modern criminalprocedure system. Criminal Evidence referee principles have been widely established inthe Criminal Procedure Law and reflected in the legal practice in the modern world. Inthis paper, the concept of "the principles of criminal evidence referee" generally adoptthe principle of “the facts of the crime”, which is employed in the France’s "Code ofCriminal Procedure", provision427and Taiwan’s"Criminal Procedure Law",provision154. This principle has a basic requirement in the following three main aspects: Firstly,identifying a crime should rely on the evidence and it is forbidden to identify the crimewithout evidence; Secondly, the evidence used in the judgment must be qualified; Thirdly,the evidence used in the judgment must be selected by the court investigation procedures.Criminal Evidence referee principle reflects that people purse the rational action andthe procedural justice in the criminal suit. It also has important and far-reachingsignificance in many ways: it makes the judge walk down from the Altar to makejudgment in the court, which shows progress and civilization in criminal suit; itguarantee the truth and legitimacy of the facts and protection of human rights; it boundjudicial officer’s unconscionable and subjective judgments; it makes up the lack of “freeproof” and enhances judicial certainty, legitimacy and authority.Criminal Procedure Law, which is our Basic Law, has reflected the spirit of theprinciples of criminal evidence referee. The law did not clearly defined principles ofcriminal evidence, but the relevant judicial interpretations have clearly defined: thesecond provision of “Provisions about evidence examining and definition in the deathpenalty”,issued in2010,established principles of criminal evidence firstly. In "On theapplication <Criminal Procedure Law> explanation" and "People’s Procuratorate Rulesof Criminal Procedure", provision61has strengthen the implementation of the principlesof criminal evidence referee, laid the foundation of the principles of criminal evidencereferee in the country’s criminal trial, and put the evidence in a central location incriminal proceedings. This paper analyzes the situation of implementing the principles of criminal evidence referees in china and finds that there are some problems such as theabsence of high-order law, imperfect and unscientific evidence system, defection inrelated auxiliary system and so on. In reviewing the current problems of criminalproceedings and under the premise of "two rules of evidence" and "on the application<Criminal Procedure Law> explanation", the paper analyses china’s condition and givessome advices in judicial philosophy, law practices and auxiliary systems to improve thechina ’s principles of criminal evidence referees. This paper expects to build a perfectCriminal Evidence referee system which can in line with the china’s current situation.
Keywords/Search Tags:Evidence to judge, Evidence ability, Rules of evidence, Adjudication reasoning
PDF Full Text Request
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