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Evidence To Criminal Evidence:A Perspective Of Evidence In Cases With Withdrawn Confession

Posted on:2018-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:X M CuiFull Text:PDF
Abstract/Summary:PDF Full Text Request
According to the fifty-second article of the new "Criminal Procedure Law of the People's Republic of China "revised in 2012,documentary evidence,material evidence,electronic evidence collected by administrative organs can be used as evidence in criminal proceedings.In other words,verbal evidence collected by the administrative organ shall not be used directly in criminal proceedings.In judicial practice,the verbal evidence collected by the administrative organs can be used in the criminal procedure only after the transformation of the public security organ and the procuratorate.But there are some significant and complex cases,the verbal evidence collected by the disciplinary inspection and supervision organs often withdraw a confession.This adds difficulty to the investigation and trial.Collection and use of evidence for investigating cases play a crucial role.The author unifies own work experience,study the character and the transformation of the verbal evidence collected by The disciplinary inspection and supervision organs.The hope of the discipline inspection and supervision organs of handling cases,the evidence of "one to one"case evaluation to provide some reference.Besides the introduction and conclusion,the thesis is divided into five parts.First part discusses the role that the discipline inspection organs play in criminal procedure.In part two,based on the three characteristics of evidence,author analyzes the evidence collection and illegal evidence exclusion by using "two"method.In the third part,author analyzes the general path that makes discipline inspection evidence turn into criminal litigation evidence.Part four explains the dilemma about evidence transformation in judicial practice,and also analyzes specific cases in which the discipline inspection evidence transforms into criminal litigation evidence.In the last part,judicial amendment suggestion is given based on the aspects of procedure,system reform and evidence presumption.
Keywords/Search Tags:Discipline inspection evidence, Evidence in criminal procedure, Transformation of evidence
PDF Full Text Request
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