Font Size: a A A

Words In The Criminal Investigation Evidence Collection And Analysis

Posted on:2019-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2416330542997885Subject:Law - litigation law
Abstract/Summary:PDF Full Text Request
The traditional criminal lawsuit structure in China pursues the "investigation centralism".The wrong conception and the thought of "determination before trial" brought to the judge by the case transfer system have led to a "vacuity" of the trial process of criminal cases.In the current judicial practice activities,the reports of cases of wrongly,falsely and unjustly repudiated frequently appear on newspapers,due in large part to the fact that mistakes have been made in the fact identification process.However,when a judge identifies the facts of a case,he/she mainly depends on the examination and judgment of the evidence.Therefore,the reason for this is that the judge does not attach importance to the principle of evidence judgment,over-trusts the evidence submitted by the prosecution authority,and disregards the application of rules of evidence during the court trial,leading to deviations in determining the facts of the case and making judgment results.Under such a court trial mode,the formalization of court trials has become increasingly serious.There are many reasons for the formation of such a situation,including both the interference outside the court and persistent ailments in the court.For example,out-of-court interference factors prevail,the structure of lawsuits is unreasonable,and the case transfer system,which went through twice revisions of the criminal procedure laws,being repealed and re-established,has made the trial dummy,as well as the judge ignores the evidence judgment,leading to the dummy function of cross-examination of the court,and so on.In recent years,cases of wrongly,falsely and unjustly repudiated have proven without exception that the practice of extorting a confession by torture or ignoring the evidence of innocence in investigations is an important cause of the misconduct,and other practices that don't follow the provisions of the Criminal Law,while these practices are not corrected during the review and prosecution phase and the trial phase.The principles of the three organs of public security organs,procuratorial organs and people's courts based on the principle of "mutual cooperation" have failed to resolutely correct the unreasonable conclusions of the previous organ.If we do not adjust this kind of “investigation centralism” litigation structure and only talk about the reform of the trial mechanism,the court's trial activities will still be limited by the investigation organs and the procuratorial organs,and the substantive reform of the trial will not be able to proceed.To change the above mentioned situation,we must always carry forward the spirit of the “trial-centered” reform of the litigation system and vigorously promote the substantiation reform of the trial.The realization of substantiation of court trials requires not only the affirmation of the achievements that have been made,but also the recognition of the existing deficiencies.We should construct corresponding prerequisites first,and use this as a breakthrough point to improve the system of division of complicated and simple criminal cases,and implement the procedural functions of pre-court meetings.After a case enters trial,it is necessary to attach importance to the equal confrontation between the prosecution and the defense,in order to establish the direct verbal principle to regulate in-court testifying of witnesses,and improve investigation procedures for evidence.
Keywords/Search Tags:the substantiation of the trial, the case transfer system, the evidence judgment principle, the equal confrontation the prosecution and the defense
PDF Full Text Request
Related items