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Discuss Confirmed That Criminal Procedure The Proof Mode Of Our Country

Posted on:2017-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q TongFull Text:PDF
GTID:2346330503990321Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
According to the mutual evidence to confirm judge to review evidence, and to determine the case facts has become a basic way of proof standard in criminal lawsuit, the proof way theory called confirm that pattern. Confirm that conforms to the law of the people know things, to adapt to our country criminal justice practice, improve the judicial credibility, widely used in the criminal judicial practice. Due to confirm proof model their own defects and mistakes in the understanding of the judicial workers, in the face of some objective evidence is weak, rely mainly on the case of subjective evidence finalized, the proof way to effectively prevent misjudgment and accurate function of crime has caused people's question., therefore, to confirm with the organic combination of discretion, complement each other, on the basis of building independent single evidence review mechanism, to further improve the operation rules of confirm that pattern.This paper adopts the historical method, comparative method, analysis method and the combination of theory and practice of research methods, such as system evaluation of the criminal lawsuit of our country confirm that model, and on how to perfect the proof mode are discussed in this paper. The full text is divided into three chapters: the first chapter mainly introduces the history of the three major prove mode, to confirm that pattern has carried on the textual research in our country, and are compared with those of the typical discretion analysis. The second chapter, from two aspects of rationality, limitations to our country confirm that model for the evaluation of the system. The third chapter combined with the defects of confirm that mode and the existing misunderstanding, put forward the Suggestions of perfecting our country's confirm that mode, one is to build an independent single evidence review mechanism; Second is the perfect model of the confirm that operation rules.
Keywords/Search Tags:Confirmed, Free evaluation of evidence, The proof mode
PDF Full Text Request
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