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Discussion On The Standard Of Arrest Proof In China

Posted on:2016-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:H Z HuFull Text:PDF
GTID:2296330482963334Subject:Law
Abstract/Summary:PDF Full Text Request
Since the "Criminal Procedure Law" revised conditions of arrest in 1996, after more than ten years of judicial practice in the arrest system, there have gradually formed three types:general arrest, conditional arrest, and special arrest. But how to apply the standard of proof, there is a great divergence. "Single theory" deems that, "there is evidence to the facts of the crime" is the only standard of legal evidence proof of all arrests. But, "system theory" considers that, the three types of arrest case each has a proof standard, which formed three grades and formed a system of standard of proof to arrest. In my view, the "single theory" is difficult to meet the objective demand of criminal litigation; the "system theory", at the legislative level, still has some defects, such as covering incomplete, regulating unclear and low efficiency, and in enforcement, has some problems such as connotation identity and assimilation of the standard of prosecution. In order to achieve a win-win double litigation purposes, the punishment of crime and protection of human rights, and to highlight the justice of the law, we only follow the principle of proportionality, and build a structured and a clear connotation of arrest proof system.
Keywords/Search Tags:arrest system, Standard of proof, level of proof
PDF Full Text Request
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