Research On The Examination Of Evidence In The Process Of Review And Prosecution

Refers to the people's procuratorate for examination and prosecution investigation end to prosecute the case to conduct a comprehensive review,in order to determine whether cases reach the statutory "clear facts,evidence really,fully" standard,which will be submitted to the people's court criminal suspects trial of a lawsuit.It is both an independent litigation stage and litigation awareness is a key link of the chain.The core of the examination and prosecution work is evidence of the review,how to strictly grasp the evidence review standards,about the criminal suspect and the victim of each case,and even in the case of the witnesses and expert witnesses,the investigators of the dignity and rights."Trial centered" lawsuit system reform is the objective requirement of modern criminal procedure law of development,it must give the advance of procuratorial organs prosecution examination work bring profound changes,and will drive the link of examination and prosecution evidence review toward a more rational direction.Papers on the structure is divided into four parts,the author suing procedures for examination and prosecution and review the concept and characteristic and the function of the examination and prosecution procedure as the breakthrough point,through to the Anglo-American law system and continental law system in prosecution link evidence examination and investigation and prosecution of two important legal systems link evidence review the interface evaluation.The author thinks that,in terms of link evidence examination examination and prosecution in our country,there is evidence of the review focuses on "written examination",prosecutors in the review of evidence is hard to be objective neutrality,prosecutors find and eliminate the kinetic energy of the illegal evidence and the seal of the review process can influence the comprehensiveness and objectivity of the examination question.Currently conducted by the "trial centered" lawsuit system reform,one of its basic purpose is through the link of reform to further improve the examination and prosecution evidence of the quality of the review.Therefore,must want to focus on the following work: one is carrying out the unity of punishing crime and protecting human rights litigation concept;Second,the reform of examination and prosecution link evidence review of methods and procedures;Three is to strengthen public prosecution review of investigation of guidance and the supervision function and promoting the construction of procuratorial organ judicial responsibility system.