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A Research On The Admissibility Of Testimony In China's Regional Criminal Judicial Assistance

Posted on:2018-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:X M XieFull Text:PDF
GTID:2416330563459311Subject:Law
Abstract/Summary:PDF Full Text Request
With the exchanges between the Mainland and HongKong,Macao and Taiwan has been deepened,criminal cases in four areas have increased year by year.It is Limited to history and political reasons,there are four law fields in our country,that is Mainland?Taiwan?HongKong?Macao,each law domain enjoys independent jurisdiction and the right of final appeal.This unique judicial reality determines the complexity of China's regional criminal judicial assistance.In the judicial practice,it is very hard to obtain evidence from overseas evidence,even after obtaining overseas evidence,it can not be used in local judiciary,and this has seriously affected the judicial efficiency.Under the reality of urgent judicial needs,this article will take the mainland procuratorial organs as the angle of view,through the analysis of the regional judicial assistance practice of mainland and Taiwan,Hongkong,Macao,try to build evidence rules that can be accepted by all parties to assist in investigating the evidence,and provide a reference for the parties to reach an agreement.This article will analyze the conflict resolution mechanism of the witness testimony from four parts to China's regional criminal judicial assistance.The first part,introduce the concept and connotation of criminal judicial assistance,through the analysis of the status quo of regional criminal justice in China,to explore the difficulties of the existing regional criminal justice in China.The second part,introduce the concept of Admissibility of Evidence,and a comparative study of China's four judicial regions.The third part,introduce the EU's experience for the solution of the conflict between the admissibility of testimony in China's regional criminal judicial assistance.The fourth part,the author puts forward the solution of the conflict between the admissibility of testimony in China's regional criminal judicial assistance.
Keywords/Search Tags:Judicial Assistance, Testimony, Admissibility of Evidence
PDF Full Text Request
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