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Criminal Procedure Writing Style Testimonial Evidence Admissible

Posted on:2014-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:C C PanFull Text:PDF
GTID:2296330467965102Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Testimonial evidence in criminal proceedings for a variety of people manifested in theform of a statement of facts to prove evidence,has the initiative, direct and volatilitycharacteristics, plays an extremely important role in evidence the system。In the modernconcept of criminal proceedings, based on fair trial and found that the real action to pursue,the universal principle of action in order to promote the establishment rhetoric witnessstatements, documentary evidence restrictions apply. But there is testimonial evidence inwritten form and made in written form style testimonial evidence, either in our country or anyother common law countries, the reason is the availability of written evidence own internaland external necessity, while maintaining the stability of evidence, improve trial efficiencyand reduce the cost of justice outstanding performance. Meanwhile, the written evidence ofwidely applicable and lurking danger of certain litigation may hinder a fair trial litigationpurposes. Therefore, writing style testimonial evidence applicable, must designate areasonable confinement, so the purpose of the proceedings under the guidance of action tomaximize value.This testimonial evidence from the parties in writing style pattern of litigation andinquisitorial proceedings mode is widely applicable litigation practice perspective,Exploration writing style testimonial evidence for the inherent rationality and externalnecessity. On this basis, in-depth observation of Criminal Litigation Practice in the use ofevidence in writing problems, combined with our litigation mode conversion and rulesestablished by the practical needs of the specific ideas proposed standard system for writingstyle testimonial evidence set reasonable limits applicable range. Besides the introduction andconclusion, the body is divided into the following four sections.The first part is a written testimonial evidence-style overview of the theory. The first partof the basic concepts of testimonial evidence and value of property to be analyzed, a cleartestimonial evidence is the statement of the real facts of the case as the carrier, withsubjectivity, proof of direct resistance and variability, fallibility and other evidence features.On this basis, a written formula for defining conceptualize testimonial evidence presentedcontemporary documentary evidence in criminal proceedings to be regulated on the generalprinciple that the principle of rhetoric litigation. The second part of modern criminal proceedings against two lawsuits mode specificationwriting style kind of testimonial evidence states were investigated, namely adversaryproceedings mode hearsay exception to the exclusionary rule and authority pattern oflitigation under the flexible application of the principle of direct language. Analysis andcomparison of two norms through mode, pointing out that the basic principles of rhetoricproceedings under the guidance of the spirit, writing style testimonial evidence was based onits own rationality can be widely applied reality.The third part from China’s actual situation, Criminal proceedings were investigated forwriting style testimonial evidence of legislative norms and judicial practice situation,testimonial evidence that the writing style is a lot in our broad, almost unlimited apply toparticipate in the program extensively, evaluate the probative force characteristics, emphasison written evidence certainly rational, while its abuse should be wary of harm caused bylitigation, it is necessary for the writing style of testimonial evidence set a reasonable limit forthe domain.The fourth part is based on China’s actual criminal trial to explore more reasonablewriting style testimonial evidence specification mode. Combined with China’s reformlitigation mode, learn mode adversary proceedings hearsay exclusion rule styles, or to appearin court on the court declarant under different circumstances, designate in writing styletestimonial evidence for a reasonable range, and made credible safeguards written evidencethe degree of improvement recommendations supporting systems.
Keywords/Search Tags:criminal procedure, Writing style testimonial evidence, Written evidence, Rationality
PDF Full Text Request
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