Research On The Application Of The Principle Of Criminal Evidence Judgment

The evidence referee principle,called the principle of evidence judgment,refers that the facts of the case must be based on evidence,and can not refer the facts when no evidence or evidence is not fully identified.The Criminal Procedure Law which revised in 2012 did not specify the evidence referee principle,but many scholars recognized it as the basic principles of the criminal procedure law of our country and began to research it.This thesis starting from the three basic requirements of evidence referee principle,study problems which existence in the application of China's legal,and put forward corresponding countermeasures to solve these problems,contribute modest force to the evidence referee principle which play its due role in our litigation activities.Except the introduction,this thesis is divided into four parts:The first part is an overview of the evidence referee principle.This part is divided into two section,the first section,the meaning of the evidence referee principle.The evidence referee principle has two meanings: the first layer is of historical significance,namely the principle of evidence referee is growth by denial of Trial by ordeal and traditional evidence judgment;the second layer is the norm;meaning that the evidence referee principle is mainly qualification the evidence ability.In the second section,the basic requirements of the principle of evidence adjudication.Three basic requirements,namely the evidence must meet the capacity requirements of evidence,evidence shall be after the court investigation procedures,according to the facts of the case evidence must reach the standard of proof of legal.The second part is enforceable problems of criminal evidence referee principle.This part is divided into three section,the first section,the lack of rule system of evidence capacity.China's criminal procedure law only stipulates the exclusionary rules of illegal evidence when the opinion evidence rule and hearsay rule are involved,but few other rules regulations,the ability rules has not become a system.The second section,defects of court investigation procedures of evidence.This thesis argues,although the illegal evidence investigation procedure has be regulated,but it is not consummate,and can not fully to conduct a comprehensive review of evidence.The third section,the standard of proof is still controversial.The thesis thinks that the expressions of legal standard of proof in our country are too general,and it can not well play its role in addition.The third part is to analyses problems of criminal evidence referee principle.This part is divided into three section,the first section,the causes of system problem in the competence of evidence.There are three causes: the legislation level is not high,less of specific legal rules,disperse of rules.The second section,the causes of problems in court investigation procedures.Mainly analysis of the problem which existed in the choice of issues of evidence in court,there are three main problems: the pretrial evidence disclosure system has problems,there are loopholes in the illegal evidence investigation procedure,examination procedure is not consummate.The third part,problems of the standard of proof.In the process of using evidence to judge,the standard of proof is too general,which expressed by traditional litigation mode and the culture of litigation,and it is easy to ignore the subjectivity of the facts of case.The fourth part is measures of application of the evidence referee principle.This part is divided into three section,the first section,countermeasures to solve the problem of evidence ability rules.Put forward three suggestions: improving the legislation level of the evidence ability rules;supplementing or consummating related rules;establishing the system of evidence ability rules.The second section,countermeasures to solve the problem of the court investigation procedure.This section in view of the existing problems in the procedure of investigation of evidence,puts forward some suggestions on the related system,including perfecting the system of evidence,regulating the illegal evidence investigation procedure,filling country confrontational procedure loophole.The third section,counter measures to solve the problem of the standard of proof.Put forward three proposals: refining the legal standard of proof,giving the discretionary power to judge,stressing the unity of subjective and objective standards of proof.