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On The Criminal Evidence Preservation System

Posted on:2016-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:P L KangFull Text:PDF
GTID:2296330461463039Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The value of the criminal evidence preservation system depends on the status and the role of evidence in criminal proceedings. If evidence is the soul of the criminal proceedings, the criminal evidence preservation system will be an effective way to prevent the loss of the soul of the criminal proceedings. The lack of criminal evidence preservation system in legislation in our country makes the academia focus their study and research of the evidence preservation on civil and administrative litigation. However, with the development of our country’s rule of law and the gradual perfection of our country’s criminal procedure system, many scholars began to reflect on the impact brought by the lack of our country’s criminal evidence preservation system and gradually affirmed the important value that the system has in the criminal proceedings. Nevertheless,the research on the criminal evidence preservation system still has a long way to go.The main body of this article is divided into four parts, altogether more than 30,000 characters.The first part researches the basic theories of criminal evidence preservation system.This part firstly put forwards the concept of criminal evidence preservation on the basis of comparative analysis of the definitions of criminal evidence preservation given by scholars home and abroad and summed up the fundamental characteristics of the criminal evidence preservation system. Then, it compares and differentiates the criminal evidence with the criminal evidence preservation fixed, defense lawyers’ forensic application which made a foreshadowing for later argument.The second part demonstrates the necessity and practicability of constructing criminal evidence preservation system in our country. This part points out that the criminal evidence preservation system is of important value in compensating for the defendant’s inadequate capability for evidence, safeguarding the legitimate rights and interests of the Defendant, improving the efficiency of criminal procedure, promoting the change of criminal trail approach and accelerating the improvement of China’s litigation legislative system. Then, it conducts analysis on the practicability of constructing criminal evidence preservation system from the perspectives of the implementation of the presumption of innocence in our country, the application of evidence referee principle,the gradual enhancement of defense right of the defendant, the initial formation of the neutral status of judges and the possibility of learning from extraterritorial criminal evidence preservation system.The third part begins with two case studies which reveal the call of judicial practice for criminal evidence preservation system. Both the case of Huang Jing in Hunan and the case of Li Huailiang in Henan showed adverse effects brought by the lack of evidence preservation system on criminal justice practice. The lack of key evidence may lead to undetectable case and miscarriages of justice which are undoubtedly detrimental to the legitimate interests of the victim and the defendant in criminal cases.The fourth part presents the concrete ideas about constructing criminal evidence preservation system in our country mainly from the following six aspects: first, define the application of the criminal evidence preservation,including the applicable conditions, measures, scope and stages; second, prescribe the subject, application, decision and relief program of criminal evidence preservation; third, determine the cost of the criminal evidence preservation;fourth,protect the present right of the applicant for the preservation of criminal evidence; fifth, establish a mechanism for keeping criminal evidence; sixth, define the validity of the criminal evidence preservation.
Keywords/Search Tags:criminal proceedings, evidence preservation, forensic application, legitimate rights and interests
PDF Full Text Request
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