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Analysis Of The Proof Of "The Suspect Li Murder Case"

Posted on:2019-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y J CuiFull Text:PDF
GTID:2416330545994319Subject:legal
Abstract/Summary:PDF Full Text Request
Criminal proof system is an important system for the proof of criminal activities in our country.If the criminal proof system can be reasonably designed and applied,it will not only help to effectively punish crime,but also effectively protect human rights,achieve the balance between punishing crime and protecting human rights,so as to achieve fairness and justice.However,there are some problems in the application of the current system of proof in the judicial practice,which has caused us to think deeply about the criminal proof system in our country.The main problem of our current criminal proof mode is that the standard of proof is too high,which leads the judicial staff to understand and apply the system mechanically,overemphasize the objective proof function of evidence and neglect the role of subjective initiative in identify cases.For example,in the absence of direct evidence,the judicial staff usually no longer prosecute the defendant on the grounds of insufficient evidence.This is obviously incompatible with the value goal of punishing crime,making it easy for criminals to escape the sanctions of the law.At the same time,the burden of proof in criminal cases,cannot fully play its roles,especially in the criminal suspect or the defendant made "ghost defense ",still let the procuratorial organ should bear the burden of proof,is clearly contrary to the basic principle of the allocation of the burden of proof,it is also not conducive to the realization of the purpose of the state to punish the crime,instead,it will allow suspects or defendants to use the loopholes in this system to escape the sanctions of the law.Occurred frequently in recent years,it shows that China's unjust case misjudged criminal proof mode and criminal proof system of the defects and deficiencies,"The suspect Li murder case" is one of the most representative cases.This paper studies the problem of China's criminal proof and its existing problems by taking the case of "the suspect Li killing as the blueprint and puts forward the perfect measures.In addition to the introduction and conclusion,the text includes four parts,with a total of more than 19000 words.The first part of the paper introduces the basic case of " "the suspect Li killings"and the focus of the case from the basic case.The second part of this paper is the key part of this paper.It focuses on the key issues that need to be discussed in this case,and makes a detailed analysis of the related jurisprudence and related specific proof issues,which lays the foundation for the following research conclusions and research implications.This article mainly analyzes the two parts of "the suspect Li's intentional homicide case,which has reached the criminal standard of proof and the proof of " the suspect Li's "ghost defense".The third part of the paper is the conclusion of this paper.Through the analysis of the related proof,the conclusion of the case is obtained.The fourth part is the sublimation part of this paper,through the analysis of the case review and summary,in order to prevent a similar occurrence of such cases,make up for China's criminal proof loopholes in the system,and put forward reasonable suggestions to improve China's criminal proof and proof responsibility system.
Keywords/Search Tags:criminal evidential verification proofmode, free evaluation of evidence, standard of proof, the ghost defense, the burden of proof
PDF Full Text Request
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