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Study On Rules Of Criminal Evidence

Posted on:2016-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:L N LiuFull Text:PDF
GTID:2296330467997689Subject:Law
Abstract/Summary:PDF Full Text Request
No rules, no standards;There is no evidence, you can not prove.The modernstate of law in criminal proceedings were taken centrism trial, the evidence at trialplayed a very important role for the judge to make a ruling.That lawsuit is playing the"evidence", so the civil judge, criminal judgment even more significant because thecriminal judgment related to the vital interests of the people, ranging from a slightmistake reputation, mental and physical damage, while easily broken up.Establish agood system of criminal evidence of great significance, both to make the criminaljustice norms and efficient conduct timely and effectively combat crime, but also torestrict the powers of the judiciary, so that the legitimate rights and interests of thepeople are effectively protected.However, the system of criminal evidence is not perfect, China formulated theCriminal Procedure Code in1979,1996and2012of the Code of Criminal Procedurewere twice more substantial changes, and the relevant departments have made severaljudicial interpretation, despite the provisions on the overall evidence has been perfect,but failed to establish a systematic and comprehensive rules of criminal evidence."With the state respects and safeguards human rights provisions of the Constitution,to improve the fairness of our criminal law and criminal trial raised higherrequirements," some of the problems of the actual operation of the existing legislationand rules of criminal evidence exists, both profoundly reflect the rules of criminalevidence is not perfect, but also for our country to protect human rights, has putforward higher requirements for restricted jurisdiction.I, as a legal person, and withstood years of legal education, legal practice in theyears of work, the heart is deeply concerned with the responsibility, Based on this,this article in view of the rules of criminal evidence legislation in our country thereare two kinds of defects, namely legislative system is not perfect and evidence ruleslack of maneuverability, put forward the corresponding legislative Suggestions andthe improvement of the rules of evidence, comparative study abroad through some points out of existing criminal evidence system problems still exist, and thecorresponding legislative suggestions in order to be able to improve our system ofcriminal evidence to make some modest, and ultimately achieve a sound system ofcriminal evidence, quality and efficient administration of justice, protection of humanrights norms in place for the purpose.
Keywords/Search Tags:Criminal evidence, Rules, Association Rules, Similar Behavior Rules
PDF Full Text Request
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