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The Legal Analysis Of Song’s Intentional Homicide Case

Posted on:2018-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhuFull Text:PDF
GTID:2346330566952036Subject:Law
Abstract/Summary:PDF Full Text Request
The amended Criminal Procedure Law of China has established the standard of proof beyond a reasonable doubt,this not only to replenish the prime evidence system but also realize the unification of proof standard subjectivity and objectivity,it provides a new perspective on evidence examination and identification.In practice,a more stringent standard is applied on evidence examination of the death penalty,judgement based on the documented evidence,applies a rule of experienced logical,general cognitive and facts to carry out inference and decision,discovery and exclusion beyond a reasonable doubt,eventually pronouncing a guilty verdict within the bounds of law.This paper consists of five parts:The first part,the introduction.The second part is about the case review and brief introduction of the Song’s intentional homicide case,the main evidence,the proceedings and the verdict of the case.The third part,the extraterritorial criminal proof standard theory to study the formation and development of process,and connecting with the provisions of relevant system in China,for the evidence to the case to carry on the comprehensive analysis,put forward their views on the evidence to the case.The fourth part is analysis of the extraterritorial theoretical research and judicial practice.As for the facing of questions and acting positive role of beyond a reasonable doubt standard,some ideas about Criminal Evidence system perfection in China are presented.The fifth part is conclusion,which is the author’s understanding of the application of beyond a reasonable doubt standard.This thesis emphatically researches carries on Song’s intentional homicide case evidence verification and deeply thought through the existing evidence review standard and the application of the principle of beyond a reasonable doubt,meanwhile,to explore the principle of foreign beyond a reasonable doubt.Then brings forward my opinion of how to perfect the system in our country.Hence,dissect the existent insufficiency of these principles and outlined approach of improvement.
Keywords/Search Tags:Beyond a reasonable doubt, Illegal evidence exclusion, Proof standard, Application
PDF Full Text Request
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