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Research On The Rule Of Reaching A Conclusion With The Circumstantial Evidence

Posted on:2015-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2296330467465227Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The recently decreed paper of Several Issues of Judging Evidences About Dealing WithDeath Penalty Cases and the Explanation Apply To The Chinese Criminal Procedure issuedby the Supreme People’s Court has clearly regulated the rule of reaching a conclusion on averdict with the circumstantial evidence. It seems to be practicable and significant to reach aconclusion on a verdict with the circumstantial evidence. During the judicial practice, lawofficers should abandon the old way of solving cases and advance with the times. They shouldprecisely apply to the rule of reaching a verdict with the circumstantial evidence by usingthemselves’ professional accomplishment. This thesis will try to prove the indispensability ofreaching a conclusion on a verdict with the help of circumstantial evidence during the judicialpractice by the methods of case study, antitheses, etc. This paper also will cover the verifyingand the importance of corroboration of circumstantial evidence to the direct evidence. On thebasis, this thesis will demonstrate the flaws existed in the rule of reaching a conclusion on averdict with the circumstantial evidence at the present stage and this thesis will provide somesuggestions to improve this rule. The whole paper could be divided into five parts and wasformed by32000words.The first of this thesis will clarify the overview of the circumstantial evidence. It willspecify the conception of the circumstantial evidence adopted by this paper. Thecircumstantial evidence means that these evidences which can not prove the main facts alone,unless by the combination with the other evidences. This thesis will particularly point out themain facts in the case state that someone commits a crime. It will try to conclude the generalfeatures of the circumstantial evidence, which contain the neutrality of the way of provefunction, the reasoning of the way of prove, the dependence of the process of prove, theuniversality of the range of prove and the diversity of the varieties of prove. This willspecifically explain the content and the extension of the circumstantial evidence by usingcases.The second of this thesis will elaborate the function the circumstantial evidence work onthe direct one. It will point out the internal flaw of the direct evidence and the risk of reachinga verdict on it. That is to say, the direct evidence can not overcome the internal flaw in itself,and the major risk will expose if we fully rely on the direct evidence. Therefore, we need tobring the circumstantial evidence into full play in the function of verifying and corroboration to the direct one, and this process will conduct with some specific cases.The third of this thesis will state the independent function the circumstantial evidenceplays during reaching a verdict, which is also the core of this whole thesis. It mainly coversthe rules of reaching a verdict with the circumstantial evidence and the standard of proof ofthe circumstantial evidence. This paper will show the feasibility and importance of reaching averdict with the help of circumstantial evidence alone by giving examples. According withChinese Criminal Procedural Law, the standard of proof of beyond reasonable doubt hasalready been stipulated. The later part will point out that the standard of proof in our Chinesecriminal procedure law is that the fact in this case is distinct and evidence is indeed and ample.It will indicate that the standard of proof of necessity conflicts the nature the rule of reachinga conclusion on a verdict with the circumstantial evidence. However, it will be morenecessary to accept the standard of proof of beyond reasonable doubt.The fourth of this thesis will show the predicaments of reaching a conclusion on averdict with the circumstantial evidence in the process of judicial practice. Generally speaking,which contain that dilemma of prove in the one on one case, which include that some casescompletely rely on the direct evidence, sometimes even on the evidence clearly partial to theaccused or the aggrieved person, the circumstantial evidence fully failed to play an importantrole in verifying the direct evidence on some key point and details of the case, thepredicament of system of proof, and the call of constructing the proof system of thecircumstantial evidence in the mode of rope of evidences, the plight of the chain of theevidence and the dilemma of the system of mutual corroboration. It will help to indicatedirections to improve this rule with specific case study.The fifth of this thesis will state the improvement of reaching a conclusion on a verdictwith the circumstantial evidence in our country, which will include three aspects. One is toestablish a reasonable mode of litigation of proof, which means that to adopt the mode ofproof mainly rely on the mutual corroboration, one is to carry out the standard proof ofbeyond reasonable doubt, which asks the judicial officers to abandon the old of thinking modeand discard the standard proof of objective reality, and the final one is to attach importance toapplying the logical reasoning and judging based on the experience, which needs to train theprofessional quality and capacity of the law officers.
Keywords/Search Tags:Direct evidence, Circumstantial evidence, Rule of reaching a conclusion
PDF Full Text Request
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