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Reflection And Refactor Of The Mutual Verification Mode Of Evidence Objectivity Examination

Posted on:2021-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:X W YuFull Text:PDF
GTID:2416330614970268Subject:Law
Abstract/Summary:PDF Full Text Request
The model of evidence objectivity examination in our country is a kind of mutual corroboration mode,in this kind of examination mode,although the evidence can confirm each other,the criminal error case shows that the examination of evidence objectivity in this kind of mutual confirmation mode still can not guarantee the objectivity and authenticity of individual evidence,because the evidence from different sources can form proof,but can not prove that individual evidence is true,and false evidence can form mutual confirmation.In addition,there is a lack of standards and procedures for the examination of whether there is a real confirmation between the evidence.The examination of the objectivity of evidence abroad is generally carried out in the form of court cross-examination,and the objectivity and authenticity of the evidence are guaranteed to the greatest extent by means of cross-examination.Through the reference to the foreign evidence objectivity examination model,based on the national conditions,in the pre-trial procedure,the examination of evidence objectivity should still be based on the mutual confirmation model;in the trial stage,in the ordinary procedure,the examination of evidence objectivity should be based on court cross-examination,while for summary procedure and quick adjudication procedure,the examination of evidence objectivity should be based on confession reinforcement.
Keywords/Search Tags:Objectivity of evidence, Mutual confirmation, Examination of evidence, Evidence review, Cross-examination
PDF Full Text Request
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