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On The Application Of The Principle Of Criminal Evidence

Posted on:2018-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:J YanFull Text:PDF
GTID:2336330515483837Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of criminal evidence refers to the fact that the facts must be based on evidence,its application in criminal proceedings has three specific requirements:First,the investigation stage,review the prosecution stage,the trial stage to determine the facts of the crime,according to the exercise of discretion must be based on evidence;Second,that the evidence that the facts of the crime must have evidence of capacity;third,that the evidence of criminal facts have evidence of the evidence must go through the court investigation procedures.The principle of criminal evidence referee has always played an important role in investigating,prosecuting and judging the correct use of evidence,excluding illegal evidence,accurately identifying the facts of the crime and reducing the occurrence of miscarriages.China’s Criminal Procedure Law does not specify the principle of criminal evidence in the form of legal provisions,but in the judicial interpretation,such as "the two rules of evidence"has been the principle of criminal evidence is provided for the referee.Although some scholars have different views on the subject and object of the application of the principle of criminal evidence,the divergence of this view does not affect the principle of criminal evidence to play its due role in criminal proceedings.The author holds that the principle of criminal evidence adjudication is the principle to lead the criminal proceedings according to law,and the criminal litigation activities should be consistent.Therefore,the criminal prosecution principle should be applied to the different stages of criminal proceedings.At present,there are different viewpoints on whether the object of application of the principle of criminal evidence according to the principle of procedural law has different views.The author holds that the object of application of the principle of criminal evidence should include not only the substantive law,but also the facts of procedural law,Principle in the application of the existence of the object exception,which is in the field of criminal proceedings to fully implement the principle of criminal evidence to the inevitable requirement.The application of the principle of criminal evidence in the different stages of criminal proceedings,there are different requirements for the application.In the pre-trial procedure,the principle of criminal evidence referee has different requirements to the investigating organ and procuratorial organ.In the stage of investigation,the investigating organ should change from the mode of "supply from evidence" to "from evidence to supply",and attach importance to the important role of physical evidence in the process of cognizing the facts of crime,and according to the principle of criminal evidence Concerned about the physical evidence has been collected to form a complete chain of evidence and the prosecution’s confession confirmed each other.In the process of examination and prosecution,the principle of criminal evidence referee also demands that the procuratorial organ should pay more attention to the ability of reviewing and judging the evidence.The decision of whether or not to prosecute should be based on the evidences of evidence,The presumption of innocence and the surveillance of investigative organs,and comprehensively implement the specific requirements of the principle of criminal evidence to the prosecution stage of the prosecution,from the source to protect the legitimacy of the evidence collected by the investigating authorities,the trial stage of the evidence for the first time Filtering,to ensure that the evidence into the trial process has evidence.In the trial stage,the principle of criminal evidence should be carried out.It is necessary to protect the independent exercise of judicial power from any other extrinsic factors.It is necessary to ensure that the trial openly strengthens the supervision of the court hearing procedure,standardize the judge’s extrajudicial investigation and evidence collection.Evidence that assures the facts of a crime must be subject to a court investigation procedure.The application of the principle of criminal evidence in the criminal procedure also needs to establish the rule of evidence examination and judgment centered on the rule of exclusion of illegal evidence and the application of the rules of evidence based on the principle of direct rhetoric to ensure the evidence of criminal facts.,At the same time also need to prosecution in public prosecution after the trial court before the implantation of evidence disclosure system to ensure that the evidence into the trial stage evidence.The application of the principle of criminal evidence adjudication requires different parties at different stages of criminal proceedings to work together to play their leading role in the whole process of criminal proceedings...
Keywords/Search Tags:Evidence Capacity, Pretrial Procedure, Judicial Procedure, Disclosure of Evidence
PDF Full Text Request
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