Research On The Scope Of Proof Verified By The Defense Attorney To The Suspect And Defendant

Evidence is the product of justice.Where there is no evidence for justice,the more advanced the judicial system is,the more perfect the evidence system is.Therefore,defense lawyers need to improve the evidence to verify it.This article uses a defense lawyer to make a detailed analysis of the scope of the evidence system for criminal suspects and defendants.After interpreting the concept,this paper specifically explains the scope of the extraterritorial verification system of the British and American law system and the civil law system.The current situation of the scope of the verification evidence system in China’s judicial practice is analyzed.The existing problems in the scope of the verification evidence system in China and the suggestions for improving the scope of the verification evidence system in judicial practice are mainly divided into six parts:The first part:Introduction.This article expounds the research background and significance of the scope of verification of evidence in this article.It summarizes the current research status and research methods of the scope of verification of evidence at home and abroad.The importance of verifying the scope of the evidence and ensuring equal confrontation between the prosecution and the defence.The second part:the identification of the facts of the case is mainly achieved through evidence,and verifying the evidence occupies an important position.This section defines the concept of the scope of the evidence verification by defense lawyers,and analyzes the three theoretical viewpoints of China’s existing,that is,the defendant’s right of scoring,objective evidence theory and evidence confirmation theory.The evidence objectively said that the author disagreed,and that the defendant’s right of review had its advantages and disadvantages.Evidence confirmation does not exclude the notification of the evidence in the case,which is in line with China’s criminal litigation principles and current judicial practice,but it must also limit the scope of the defense lawyer’s verification of the evidence.In other relevant systems that verify the scope of the evidence system,the relationship between the scope of the evidence verification of the defense lawyer and the defendant’s right of review,the pre-trial meeting system,the right of the defense lawyer to meet with the communication,the right of the defense lawyer to investigate and obtain evidence,and the contradiction are explained.The third part:firstly expounds the specific provisions of China’s current legal provisions and judicial interpretations on the scope of the verification of evidence system,followed by the status of defense lawyers verifying the testimony of witnesses and the confession of co-accused.Finally,according to the current situation and necessity in judicial practice,the existing problems were raised,including:the scope of the verification of evidence is unknown,the pre-trial meeting is too formal,the criminal suspect and the defendant are over-recognized before the evidence,and the defense lawyer verifies Imperfect evidence supporting system.The forth part:Introduced the provisions of the extraterritorial verification evidence system.The British and American law systems mainly selected the United Kingdom and the United States,the continental law system mainly selected Germany,and the mixed litigation mode mainly selected Japan.The two-way evidence disclosure in the common law system and the specific provisions of Germany and Japan on verifying the evidence are explained,and where they can be used for reference.The fifth part:An analysis of the current situation of verifying the scope of evidence firstly expounds the provisions of the scope of the system of verifying evidence in China’s current laws and regulations.Secondly,it verifies the testimony of witnesses,the confession of the defendant and the defendant and the justification for defense lawyers.The improvement of the scope of the defense lawyer’s verification of evidence from criminal suspects and defendants,mainly including the provisions to refine the scope of the verification of the evidence system,the improvement of the pre-trial conference system,respect and protection of the rights of the criminal suspect and the defendant to obtain evidence,and finally The supporting system for verifying the evidence with the supplementary lawyer is proposed:strengthening the protection and identification mechanism of witness testimony;and improving the mechanism for defense lawyers’ conflict of interest rules.The sixth part:Conclusion.