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Research On Independent Proving Efficacy Of Circumstantial Evidence In China

Posted on:2017-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:X N ZhangFull Text:PDF
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Evidence is the only basis to discover the fact of the case.Circumstantial evidence as a kind of evidences,plays a major role in conforming and reinforcing the evidential effect of the direct evidence.Whereas,we can believe that Circumstantial evidence also has its own independent evidential effect in discovering the fact of case.In the judicial practice,there are much more cases which exist the circumstantial evidence only than those which have the direct evidence.Judicial functionaries have to pay most attention to the evidential effect of circumstantial evidence if they hope to deal with the cases justly when face such evidence circumstance.This article will study on the relevant content about independent evidential effect of circumstantial evidence on the base of current Chinese criminal proceedings mode.The first part is about the summary of evidence and circumstantial evidence,including the origin of the word,character and division.This part introduces the relevance,objectivity and validity of evidence,which prepares for the next introductions for the circumstantial evidence.As to the reality problem of the circumstantial evidence,the current law has made the answers,that means the judicial officers have to pay attention to the collecting and containing procedure of those evidences.This part also discusses the reality of evidence and the significance of two types of classification in case of the mistaken of mixing them.Circumstantial evidence can be reflected as all kinds of evidence,for example,victimís statement,witness words and so on.At the same time,directness is the typical character of circumstantial evidence by contrast with direct evidence.The directness also is the key point that results the different ways of demonstration between direct evidence and circumstantial evidence.The second part clarifies the application situation of circumstantial evidence,which is patchy.The reason why it happens is that current criminal proceeding and demonstration standard emphasize the objective mutual validation.However,the proof mechanism of circumstantial evidence is more subjective.Especially,the judicial officers have to make use of their motivation to make the decision when the direct evidence to prove the main fact of case lacks.Additionally,purchasing confession overeagerly and high degree of difficulty of the proof mechanism of circumstantial evidence also the factors resulting in the current situation.The third part introduces the overall efficacy of circumstantial evidence.As the development of knowledge at modern society,the criminal also has different ways to get the relevant information.Circumstantial evidence can play positive influence to the criminal investigation and fide the criminal quickly..Circumstantial evidence which is the guild to discover the direct evidence also can play the role in conforming and reinforcing the evidential effect of the direct evidence.This four part focus on the unique prove efficacy of circumstantial evidence.Firstly,the unique prove efficacy of circumstantial evidence plays an important role in the judicial practice.Secondly,seek the relevance between the circumstantial evidence and factum probandum at the substantial meaning view to clarify the probative force.Thirdly,a copy of circumstantial evidence could just reflects a piece of fact.The final conclusion only will be deduced according to the mutual support of all copies of circumstantial evidences.Fourthly,circumstantial evidence has the main rule.Fifthly,prove efficacy of circumstantial evidence has the high difficulty coefficient,relating to the logical rule,experience rule,objection,truth rate and criminal presumption.The whole proving system will clash if thereís any tiny wrong in every step.The fifth part gives some advices:push on matching system with the current criminal proceeding mode.Eliminate the influence of traditional confession complex.Improve the operational ability of judicial functionary about circumstantial evidence.Itís believed that as the proceeding of trial centered litigation reform,circumstantial evidence will play a more and more important role in this course with its own unique demonstration value to avoid the unjust cases.
Keywords/Search Tags:Circumstantial evidence, Indirectness, Logical reasoning Proving efficacy
PDF Full Text Request
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