The Way How Procuratorial Organ Demonstrates The Legitimacy Of Obtaining Evidence

This thesis includes four parts except for introduction and conclusion.Part 1 introducts several factors in relationship with the way how procuratorial organ demonstrates the legitimacy of obtaining evidence.Researching this thesis should consider the burden of proof and standard of proof.They are closely connected.The burden of proving legitimacy of obtaining evidence by Procuratorial organ appears passive.Procuratorial organ serves as investigation organ's defender during the procedure,through which the court is investigating whether the evidence is obtained legally.Making the way how procuratorial organ demonstrates the legitimacy of obtaining evidence more persuasive can relieve the court's pressure in practice,can promote the substantive truth and can manifest the procedural justice.Part 2 presents the way how procuratorial organ demonstrates the legitimacy of obtaining evidence in practice.Chen Qinqin case,Zhang Guoxi case,Cheng Zhenjie case,the first case in which illegally obtained evidence is excluded in Si Chuan and other cases present how procuratorial organ demonstrates that oral confessiones are not obtained by violence.Guo Zongkui case and other cases present how procuratorial organ demonstrates that oral confessiones are not obtained by freezing the defendants,starving the defendants,drying the defendants,baking the defendants and fatigue trials.Chen Zhuohao case and other cases present how procuratorial organ demonstrates that physical evidence and documentary evidence are obtained legally.Chu Mingjian case and other cases present how procuratorial organ demonstrates that testimony of witnesses is obtained legally.Part 3 analyzes pratical issues.With respect to the oral confessiones,physical evidence,documentary evidence and testimony of witnesses,the way how procuratorial organs demonstrate that they are obtained legally has same points and different points.There are some problems in evidence and methods of producing evidence.For instance,sound recordings and video recordings are copied or the contents are not clear;presentation of condition's application is unreasonable;the procedure of physical examination from detention centre becomes formalistic.The effects are very poor when witnesses appear in court.Procuratorial organs' reponses are not to the point.The evidence is lack.Procuratorial organs recollect evidence.The reason why there are some problems is that legislation appears unclear.In addition,the evidence which can prove evidence obtained legally are not collected timely.The procedure of collecting evidence by investigation organs is not monitored by others.When the evidence is excluded,investigation organs' benefits are not affected too much.Part 4 tries to find the path in order to solve problems.Legislation could add punitive measures when witnesses refuse appear in court unreasonably.Legislation could add the condition that some evidence should be proved by other evidence.Legislation could add punitive measures when Procuratorial organs can not release the burden of proof.Legislation could stipilate the way how procuratorial organ demonstrates that oral confessiones,physical evidence,documentary evidence and testimony of witnesses are obtained legally in detail.Besides,we should improve sound recordings and video recordings system,build a neutral physical examination organ,pay attention to exclude illegal evidence timely in pre-trial procedure and enhance investigation organs' obligation which they are required to assist procuratorial organs in demonstrating evidence.