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Research On Demonstration Of Procedural Law Facts In Criminal Procedure

Posted on:2017-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:J TanFull Text:PDF
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The purpose of criminal procedure is not only in the fairness of the result, but also need to pay attention to the procedure of the criminal proceedings so as to realize the justice of the procedure, which is the requirement of the procedural justice. However, the procedural law facts as an important fact in criminal procedure has always been neglected. The procedural facts judgment is more dependent on the judicial referee and certain rules of the procedural law facts referee does not exist for many years. In 2012 the "Criminal Procedural Law" established the exclusionary rule of illegally obtained evidence, the rule to procedural issues of the trial established the new criminal litigation form. It has made the identification of procedural law facts to be an important part of the case to the trial court. It also restricts the investigation organ of investigation behavior to some extent. Obviously this is the progress of legislation. It provides a legal basis for referees of relevant evidence of illegal behavior and justs the legal results. However, illegal evidence exclusion program relates to the fact that only part of procedural facts, the facts of procedure is a rich content system. According to the nature of the procedural facts, the facts can be divided into two different facts: procedural request facts and procedural dispute facts. At present, the criminal legislation of our country is limited to procedural law fact. To complete the Criminal Procedural, the relevant proof system of procedural law facts need to be constructed. The procedure facts generally have nothing to do with crime and contains its own value: to standardize judicial discretionary power, to regulate behavior of the investigation organ, to complete the criminal litigation 2 proof system, to achieve equality between prosecution and defense and to protect human rights. It has a very significant meaning. The proof of procedural law is similar to that of the crime and punishment facts, and it is needed to construct a complete system of proof. The main contents of the system contain proof method, the distribution of burden of proof and the standard of proof.Proof methods can be divided into strict proof and free proof. The application of the two methods is influenced by the elements like whether it is related to crime and punishment, whether it is related to major interest, whether it only contains procedural value. So as to ensure the perfect balance of litigation efficiency and the fair value. Specifically, the illegal verbal evidence applies the methods of strict proof. It is necessary to take strict proof as it directly related to the certification of crime and punishment. For the prosecution of the procedural requests that take incomplete free proof, because such facts often involve the vital interests. In contrast, the procedural requests which are put forward by the defense party is completely free to prove the fact, because it is only related to the litigation procedure, and only has the procedural value. There is a need to give the relevant subjects the right to debate due to the fact that there is a dispute between the two party. So it is necessary to take the way of incomplete free proof. We should pay attention to the fact that the relevant facts need to be taken completely free proof in the process of the certification of illegal verbal evidence. because the parties concerned have a limited proof ability and illegal verbal evidence acquisition process infringe human rights seriously. It needs the special protection; for the allocation of the burden of proof, due to procedural law facts certification is similar to the civil litigation procedure. there are many similar characteristics to that of civil litigation. So the distribution principle in civil litigation “Who advocates, who has to put to the proof” can be used here. In the procedural law of the existence of the three parties, there also exists the rule of the transfer of burden of proof. But for the proof of the fact of illegal verbal, as it relates to the parties proof ability, cost burden of proof, innocent presumption and other factors influence, it is necessary to bear the main burden of proof on the party who implement the illegal act which is the exceptions of the rule above; As for the standard of proof should be established according to the procedure of different stages, the nature of the proceedings and other factors so as to determine the specific standard of proof. In general, for the trial stage it can be se a higher proof standard. Due to urgent influence factors, there is no need to set a higher standard of proof in the pre trial stage. Such as arrestment before trial, the proof standard can not be set too high, taking into account the fight against crime and the protection of human rights value, the amount of this standard of proof general roughly equivalent to 50% level of confidence. A higher standard of proof is used for the proof of the relevant facts of infringement of the interests of the parties, such as in the illegal income confiscated program, due to a direct infringement of property to the suspects, and such violations is in the trial procedure, so the proof standard setting should be higher, in proving the extent for the standard of proof of the fact that shall meet the standard of the high degree of probability. The determination of the standard is a very complicated problem. It needs to analyze all kinds of influencing factors, and establish the relevant standards.
Keywords/Search Tags:Procedural law facts, Proof method, Allocation of the burden of proof, Standard of proof
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