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A Study On The Discovery Of Criminal Evidence In China

Posted on:2018-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:W J QuFull Text:PDF
GTID:2416330545980601Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal Evidence Disclosure System is a system of strengthening the principal part of the Anglo-American legal system to prevent the raid of evidence and improve the efficiency of litigation.It embodies the equal confrontation between the prosecution and the defense,and more effectively protect human rights.More and more countries to establish it.This article is based on the previous research,the establishment of criminal evidence in our country to carry out a simple system of research,with a view to explore the discovery of criminal evidence in China to establish the system path.The article first uses the comparative research method,the criminal evidence system and the court before the meeting system,lawyer scoring system for comparative analysis,in order to more clearly the concept of evidence disclosure system presented in front of everyone.Because the criminal evidence disclosure system is the product of the Anglo-American legal system,and the development is more perfect,through the Anglo-American,France and Germany and other criminal evidence system of comparative study and analysis of the above countries in the criminal evidence system Application,some of its more advanced,can be applied to our experience for reference.This paper gives an explanation of the provisions of our country in the legislative and judicial aspects of the system of criminal evidence disclosure,points out the outstanding problems in the pilot work of our country,and the reasons for the existence of these outstanding problems.analysis.Although the provisions of the criminal proceedings in China can be evidence of evidence,but only a programmatic provisions,and no criminal evidence system of the implementation of specific steps to refine.Therefore,the specific formulation of China's criminal evidence disclosure system,we should first establish the principle of criminal evidence disclosure system,the evidence of the main body of the specific division;on the scope of evidence disclosure should be on both sides of the prosecution and prosecution And the time and place of evidence presentation is the most discussed by many scholars.Through the analysis and comparison of different theories,the time and place of evidence presentation should be determined.Finally,itshould be established.A number of evidence disclosure system of safeguard measures to the future of China's criminal evidence disclosure system refined and refined,can be carried out smoothly.
Keywords/Search Tags:evidence discovery, pretrial conference, lawyer scoring
PDF Full Text Request
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