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A Study On The Correetion Rules Of Criminal Defects Evidence

Posted on:2018-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2346330518492070Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"Defective evidence"mainly related to the evidence that there is minor offense when the judicial staff collect evidence or produce evidence during the transcript, There is a clear distinction between "defective evidence" and "illegal evidence" in terms of the extent of violation of the law,the extent of the infringement of the law, or the degree of influence on the authenticity of the evidence, and the final outcome of the case. And that is the main reason why defective evidence can be corrected. The current judicial interpretation formulates the scope of the correction of the defect evidence, the review subject, the correction method, the correction procedure and the correction result, but there is lack of procedural promoters and the applicant, the way of the award,the burden of proof, the legal consequences of the violation and the relevant relief And other factors. At the same time, because of the blurring of evidence correction rules and the lack of many elements in the legislation, so that the judicial practice for the application of defective evidence correction rules varies all the time and the standard is different.The author analyzes the 150 cases of affiliated cases downloaded by the Chinese Referee Documents Network and combines the existing theoretical research results to find out that there are corrective procedures for the remediation of the defective evidence. The application procedure is closed and the corrective method is used. Free and other issues, these problems can not be separated from the current litigation structure, evaluation system, rule structure, interest-driven and other factors. I believe that the defective evidence to correct the rules take into account the crime and the protection of human rights objectives, reflecting the true concept of real priority,uphold the concept of litigation economy ... It has legitimacy. However, both the legislation on the"flawed evidence" and its correction rules, or judicial practice on the defective evidence correction rules exist in the misreading and application of the barrier, have shown the existing criminal defects correction rules deficiencies. In order to eliminate the "flaws" of the defective evidence itself, in order to maximize the effect of the application of the rules, the author combined with the existing legislation and judicial trends, from the perfect composition of the rules, the implementation of procedural rules and The establishment and improvement of relevant supporting measures in three aspects to explain the correct application of the corrective rules of defective evidence, with a view to the legislative and judicial practice of the benefit.
Keywords/Search Tags:The defective evidence, Illegal evidence, Correction, Reasonable explanation, Corrective rule
PDF Full Text Request
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