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Discussion On The Tradition Of Chinese Evi Dence System

Posted on:2016-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:M D JiangFull Text:PDF
GTID:2296330467477814Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Concept is the foundation of system’s structure. The theory of human nature haseffect on the fundamental spirit of the legal system, while the fundamental spirit of thelegal system reacts to the continuation of the theory of human nature. This thesis mainlyfocus on the interaction between the Chinese criminal evidence system and the theory ofhuman nature at the same era.Human nature is the basic problem of ethics, and also an important issue of humanthought. In the Chinese traditional philosophy, the discussion of human nature hasfollowed from generation to generation for about two thousand years. When we talkabout our traditional criminal evidence system, we cannot be limited to the system itself,the discussion should be combined with a long-term accumulation of national spirit andethics. Only in this way we can use the system of criminal evidence more reasonableand accurate.The system of evidence is the core content of the judicial system, especially in thecriminal field. The Chinese criminal evidence system has experienced changes of somuch dynasties, thus there is no complete system. But, because of our special historicalbackground, there are numerous precious experiences in the Chinese criminal evidencesystem which we can learn from.The law is the product of human civilization development. And any humancivilization will finally return to the problem of human nature. This paper studies therelationship between the Chinese criminal evidence system and the theory of humannature, the core point is that the human nature is the foundation of the Chinese criminalevidence system’s value pursuit, specific legal norms and judicial procedure. Thesystems such as the concealment and the restriction of torture reflect the consistentrelationship between the criminal evidence system and the traditional theory of humannature. However, every coin has two sides. There are also some criminal evidencesystems go against the grain of human nature. Author will take the witness system andthe inquisition by torture as the object of analysis to demonstrate the conflict betweenthe criminal evidence system and the theory of human nature; seek for the root cause ofit in addition.After we fully understand the content above, it becomes inevitable to seek for a theory of human nature which is in line with the modern rule of law. And such a thoughtof human nature is of great practical value to our current building of the criminalevidence system. Because there exists inheritance in the pursuit of law between thetraditional criminal evidence system and the present criminal evidence system.Therefore, paying attention to the human nature of the traditional Chinese criminalevidence system has certain reference significance for improving our current evidencesystem.
Keywords/Search Tags:The theory of human nature, The tradition of criminal evidence system, The witness system, Inquisition by torture
PDF Full Text Request
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