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A Study On The Discovery Of Criminal Evidence System In China

Posted on:2019-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:X T MengFull Text:PDF
GTID:2416330566976378Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In Britain and America,criminal evidence discovery is usually placed in the pretrial procedure,which is an important procedure to prevent evidence raid and plea bargaining.This article through to study the connotation and extension of criminal evidence discovery.It is clear that the discovery of criminal evidence has the procedural value of realizing fair competition and the substantive value of find out the truth.Combined with the legislative and judicial status of criminal evidence discovery in our country,it is concluded that the system of criminal evidence discovery has not been established in our country.There are still some problems,such as imperfection of basic content,nonstandard design of procedure and imperfection of sanctions mechanism for violating the obligation of criminal evidence discovery.The problems existing in the discovery of criminal evidence,combined with the legislation and judicial practice of foreign countries,are used to establish the system of the discovery of criminal evidence suitable for our country,and by clarifying the basic principles of the criminal evidence discovery,establish the subject of criminal evidence discovery and the scope of criminal evidence discovery,to perfect the basic content of the criminal evidence discovery;To design the criminal evidence discovery procedure suitable for the judicial practice of our country through the starting procedure,the time,the place,the mode and the special procedure stipulation of the criminal evidence discovery;Finally,in order to maintain the effective operation of the criminal evidence discovery system,the parties who violate the obligation to disclose criminal evidence are sanctioned from procedural sanctions,substantive sanctions and economic sanctions.The most important part of the pretrial proceedings in China,and the system of discovery of criminal evidence should be the most important link in the pretrial conference.Under the reform of the "trial centered" litigation system,the system of discovery of criminal evidence should be placed in the pretrial conference.It can not only perfect the system of pretrial conference,but also prevent evidence raid and promote the materialization of trial.
Keywords/Search Tags:Criminal proceedings, Discovery of evidence, Pretrial conference, Evidence raids
PDF Full Text Request
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