Font Size: a A A

Practical Application And Standardized Thinking Of Criminal Evidence System In China

Posted on:2021-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2416330623465668Subject:legal
Abstract/Summary:PDF Full Text Request
In recent decades,the emergence of major cases of injustice,falsehood and wrongdoing by the media has aroused great social concern.Throughout the occurrence of these unjust,false and wrong cases,there are basically no problems in the application of the law.The problems are all in the fact identification errors,that is,the judicial staff have problems in reviewing and judging evidence.The emergence of these problems shows that although the criminal evidence system in China is constantly improving and developing,responding to and solving some practical problems,but in the process of legislative norms and application,it can not effectively respond to the needs of practice,and there are still many problems in the judicial practice of criminal evidence system.The essence of litigation activity is the process of judicial organs collecting and using evidence.Criminal evidence plays an important role in the smooth progress of criminal case litigation,which is reflected in that criminal evidence is the basis of identifying the facts of the case,plays an important role in finding out the facts of the case and restoring the truth of the facts,and plays a core role in the process of litigation.Therefore,it is necessary to establish a perfect evidence system,standardize judicial practice,ensure the fairness of litigation results,and realize judicial justice And building a socialist country ruled by law is of great significance.In addition to the introduction,there are three parts in this paper.The first part is the summary and summary of the specific content of the current criminal evidence system in China.Through the interpretation and summary of the legal provisions of the current criminal evidence system,we have a certain understanding of the basic framework of the criminal evidence system,and grasp the current evidence system in a macro perspective.And the practice of the current criminal evidence.Through the analysis of a rape case in the introduction,combined with the judicial practice under the current criminal evidence system in China,we can see the relevant problems in the judicial practice under the evidence system.The second part discusses the practice and Enlightenment of foreign criminal evidence.Through the discussion of the relevant criminal evidence system in foreign countries,we can understand the characteristics and rationality of the current evidence system in foreign countries,and analyze the application practice of the criminal evidence system in foreign countries with specific practice cases,and draw the differences between the Chinese and foreign evidence system in legislation and judicial practice,so as to bring enlightenment and help to the judicial practice of the criminal evidence system in China.The third part is to improve the concept of criminal evidence.Through the discussion of the first three parts,this paper puts forward solutions to the problems existing in the current practice of evidence system in China.I hope it can help to solve the problems existing in the practice of our country,and constantly improve the criminal evidence system of our country.
Keywords/Search Tags:criminal evidence system, verbal evidence, exclusion of illegal evidence, presumption of innocence
PDF Full Text Request
Related items