On The Rigorous Proof In Criminal Proceedings

The theory of strengbeweis originated in Germany, and then spread to Japan and the Taiwan district of our country , and now it has become an important part of criminal proof theory in common law syetem. To prove the quality of the activity, the more rigorous the proof,the proof of the result is reliable. In criminal cases,most of the facts to be proved that the defendant's rights and interests and is closely related with the case. Only with strict rules of evidence to prove regulation activities, identify the facts of the case is more accurate,the defendant's legitimate rights and interests can get effective protection. In recent years,a number of major miscarriages of justice exposed criminal proceedings in the court order evidence investigation and finds insufficient facts,the party and the judicial organs of the state attaches great importance to this issue, and launched a trial centered litigation system reform, to fully implement the evidence rules and ensure the trial in ascertaining the facts finds evidence, protect the right of action, play a decisive role in justice. The theory of strengbeweis not only shows the trend of the modern judicature to pursue the rule of law, but also meets the needs of the current judicial reform in China. From the perspective of the mode of litigation and judicial tradition, our country is also close to the civil law system. My dissertation tries to expound and analysis of Germany, Japan and the Taiwan of our country of the theory of strengbeweis content and the similarities and differences between each other, in order to further explore the essence of the theory of strengbeweis , for our study, the introduction of the theory of strengbeweis for reference.This thesis consists of four parts.This chapter mainly introduces the relevant expositions of the concept of strengb eweis in Germany, Japan and Taiwan, and strictly demonstrates the relationship betwe en theory and freibeweis, evidence prohibition and freibeweis, and rigorously proves t hat in discovering the reality of the entity, guaranteeing human rights and improving t he efficiency of litigation effect.In chapter two, method of strengbeweis. The proof method of strengbeweis refers to the legal evidence, in civil law countries?regions?, generally refers to the defendants,witnesses, expert witnesses and inspectors and papers of the five class. Because the concept of evidence in our country is defined in the "evidence",not into the"evidence", the "Criminal Procedure Law" in the classification of evidence is not the evidence summarized in all its forms, but also not conducive to the disadvantages of effective evidence investigation.The third chapter,proceedings of evidence under strengbeweis. This chapter first introduces and analysis the common principles of Germany, Japan and Taiwan area under the strict proof of evidence investigation procedure follows, namely verbal trial principle, principle of direct trial and open trial principle, and then put forward the principle, adhere to witness principle, the issue of empty high court sentencing ratio and other measures to overcome the present court give evidence investigation procedure evidence, and certificationmainly.The fourth chapter is the matters of strengbeweis. Defining the scope of application of strengbeweis and freibeweis to the realization of justice and efficiency.Analysis of the contrast in Germany, Japan and Taiwan area defined strengbeweis and freibeweis and the reasons for the specific practices of the scope of application,and analyses the different views of domestic scholars on this issue, presenting their advantages and disadvantages, finally put forward the division to maintain the principle of substantive justice, in favor of the defendant and the burden of proof and burden of adaptation and strengbeweis the specific scope of application objects.