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Research On The Standard Of Proof From The Perspective Of Negotiated Justice In China

Posted on:2019-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:X C WangFull Text:PDF
GTID:2346330542997875Subject:Law Litigation law
Abstract/Summary:PDF Full Text Request
After more than ten years of theoretical research and judicial practice,China’s criminal justice theory has developed rapidly and has formed a constantly improving negotiated judicial theory.The simplification of the trial procedure will inevitably lead to the selection of the standard of proof.However,the Chinese Criminal Procedure Law only stipulates the standard of proof in the ordinary procedure,but it does not specify clearly how to determine the standard of proof in the case of judicial consultation.Enhancing the operability of criminal proof standards is the ardent expectation of the judicial practice department.In the past decade or so,we have only focused on constantly perfecting the institutional form of the negotiated judicial theory,but there has been no theoretical breakthrough in the study of the proof standard.Some scholars maintain that the consultative judiciary should follow strict proof standards to maintain the unified theoretical framework of real standards.The opponents believe that strict proof standards reduce the efficiency of lawsuits.They advocate the establishment of a diversified proof standard system and use different proof standards in different cases to increase the efficiency of litigation.Most of these theoretical perspectives are discussed from the perspective of a specific procedure.Few people have analyzed the choice of the standard of proof under a negotiated jurisdiction from a macro perspective.Given the lack of theoretical research and judicial practice,this article advocates an analysis of the standard of proof under China’s negotiated justice from a macro perspective in order to improve the negotiated judicial theory.The article mainly elaborates on the following four parts: The first part mainly starts from the origin of the consultative judicature,interprets the concept and system connotation of the consultative judiciary,clarifies the scope of the article’s argument,and clarifies the misunderstandings of the negotiated judicial proof standard.The second part mainly sorts out the academic viewpoints of the supporters of the strict proof standards and the diversification proof standards,and sorts out the theoretical dilemma of the proof standard research under the consultative justice.The fourth part mainly reviews the problem of unclear proof standard in the process of the operation of the judicial consultation,and enriches the research content by using a large number of real cases.The fourth part mainly reveals the causality between "proof standard" and "procedure simplification".Based on the full argumentation,this paper puts forward the optimization plan of proof standard under the negotiation justice.Through argumentation and analysis,the author believes that adherence to strict proof standards under negotiational justice is more conducive to the development of the theory of criminal procedural law,and it can better guarantee the value of fairness and justice.It can be adopted for the contradiction between strict proof standards and litigation efficiency.Other ways to solve,rather than reduce the standard of proof.In order to enhance rationality,this article not only uses the document retrieval method in the writing process,but also uses empirical analysis and other research methods to support the accuracy of data content research.
Keywords/Search Tags:Negotiated Justice, Standard of Proof, Beyond Reasonable Doubt, Admissions, the System of Leniency on Admission of Guilty and Acceptance of Punishment
PDF Full Text Request
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