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Study On Criminal Evidence System In Song Dynasty

Posted on:2020-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2416330590978032Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal evidence system has a long history in our country.During the Western Zhou Dynasty,it had sprouted.After the evolution and development of the dynasties of the Qin and Han dynasties,the criminal evidence system reached an unprecedented peak in the Song Dynasty.Afterwards,the dynasties had no right.The criminal evidence system of the Song Dynasty was complete,its operation was complete,and the types of criminal evidence were abundant,including dry people,confessions,physical evidence,documentary evidence,and inquest documents.In terms of obtaining criminal evidence,strict regulations have been made on the subject of acquisition.The methods of acquisition are divided into investigation,search,investigation visit,and on-site inspection.Criminal evidence is cleverly used in three aspects of confession,physical evidence,documentary evidence and the flexible use of evidence.The criminal evidence system of the Song Dynasty was characterized by its emphasis on torture,the improvement of the status of witnesses,and the importance of inspection and inspection.At that time,the criminal evidence system of the Song Dynasty promoted judicial justice and resolved social contradictions.However,there were also many disadvantages,such as emphasis on confession evidence,excessive pursuit of substantive justice,and the existence of unavoidable torture.The criminal evidence system of the Song Dynasty not only exerted great influence on the evidence system of later generations,but also provided reference and inspiration for the modern criminal evidence system in China.In the process of judicial case handling in today's society,we should draw lessons from the advantages of the criminal evidence system in the Song Dynasty,constantly improve our criminal evidence system,and form a judicial practice evidence theory that conforms to Chinese characteristics.Progress and breakthroughs have been made in the principles of the collection of criminal evidence,the types of criminal evidence and its use and access,and they have been applied in judicial practice to prevent the occurrence offalse or false cases and promote judicial justice.
Keywords/Search Tags:Song Dynasty, Criminal evidence system, Judicial justice, Documentary evidence, Physical evidence
PDF Full Text Request
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