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A Study On The Conflict Of Verbal Evidence In Duty Crime Cases

Posted on:2020-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2416330590971280Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In criminal proceedings,evidence is the key core,while in the case of duty crime,verbal evidence is the core of the core.In recent years because of the duty crime oral evidence in the case of many conflicts,the supervisory organs for the duty crime cases handled by the quality,efficiency and judicial organ to words evidence conflict has had a bigger test,the choice of has drawn great attention of the relevant units,combined with oral evidence of specialities of itself,making it more and more comples to combat duty crime.From the particularity of duty crime main body status,the emphasis of the duty crime investigation and duty crime case degree of dependence on oral evidence can reflect the position commits a crime in the criminal cases as a special subject,has the special status,position,or even a relatively high level of cultural knowledge,at the same time post crime has the characteristic such as means of concealment,long time dimension,these characteristics determine the ideas and ways to duty crime investigation is usually made by man,by for the certificate;In addition,in the view of evidence application,it is easy to get that the application of verbal evidence in ordinary criminal cases is also different from that of job-related crimes,which makes the importance of verbal evidence in such cases self-evident.On this basis,from all angles,a more perfect analysis of the conflict of word evidence in the case of duty crime.Practice is the sole criterion for exploring truth.Oral evidence in order to better explore the duty crime cases of conflict,the author has carried on the empirical investigation and data analysis,to select the L city for the survey sites into city supervision committee,procuratorates,courts and other authorities units,through the exchange of personnel as well as to the detailed analysis of the case file,graph,table,methods such as found in duty crime cases in nearly three years different changing trends of oral evidence conflict,tried to get the duty crime oral evidence conflict is defined as "before and after" conflicts with "about" two large categories,will apply for illegal evidence exclusion list alone,don't in the actual cases and analysis of various kinds of forms and specific causes.It is based on the particularity of duty crime that the conflict of word evidence in duty crime cases is often fierce.It is precisely because many problems of verbal evidence about collection and fixation can be seen in cases,such as the professional quality and working experience of the investigators,and the connection defects between the investigation organs and the public prosecution organs.There are still many difficulties in the selection of evidence of conflict words in the trial stage of job-related crimes,such as the selection of restatement and restatement.Oral evidence against duty crime cases appeared many problems,the author explore perfect witness system and the construction of the plea bargaining system measures such as promoting the prosecutor in the case in advance at the same time,and improve the investigators,prosecutors and judges of their own quality and ability of ascension,the complete system and its perfect.Under the background of deepening the reform of supervision system and entering the "deep water area",this paper tries to offer Suggestions and Suggestions for the improvement of investigation,prosecution and trial of duty crime cases.
Keywords/Search Tags:duty crime, Verbal evidence, Conflict, Judgment
PDF Full Text Request
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