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Criminal Evidence Discovery System

Author: SongHaiMei
Tutor: XieYouPing
School: Fudan University
Course: Legal
Keywords: Criminal suit Evidence System Construction
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 90
Quote: 0
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Abstract


Discovery system is derived from a common law litigation system , aimed at achieving equality of both parties and the armed confrontation in order to achieve justice proceedings . As China's criminal justice system reform continued to deepen , the trial method has been interrogated by the changes made ??to the adversarial system , the judge 's neutrality increasingly prominent, it is necessary in the framework of the existing legal system in line with China 's national conditions to build Criminal Evidence Discovery System . This article from the Criminal Evidence Discovery System concept , history, philosophy litigation abroad Evidence , status and other aspects of judicial practice visits, systematic exposition of the criminal evidence system theories discussed in Criminal Evidence Discovery System many problems in practice . And use it as an opportunity to build from the principle of substantive issues , procedural issues and auxiliary system , etc. , in our system of criminal evidence construction , operation and protection of a series of ideas put forward . In this paper, the structure is divided into five parts . The first is the Criminal Evidence Discovery System overview, mainly discussed theoretically Criminal Evidence Discovery System connotation , classification, history and litigation philosophy. The second part is the Criminal Evidence Discovery System study abroad and analysis, the author through the United Kingdom , the United States , Italy, Japan Shikoku Criminal Evidence Discovery System comparison and discovery system of international law embodied in the study , analysis of national evidence Discovery System merits and for our reference. The third part is the Criminal Evidence Discovery System status and feasibility analysis, legislation and practice from the perspective of the Criminal Evidence Discovery System status and inadequate , and the Construction of China 's Criminal Evidence Discovery System analyzes the feasibility . The fourth part is the Criminal Evidence Discovery System to build, is the focus of this article , the author from the principle of physical and procedural issues put forward three ideas . The fifth part is criminal evidence system in the construction of the auxiliary system proposed by perfecting the system of lawyers , witnesses to establish the five aspects of the system to establish and Criminal Evidence Discovery System to match the auxiliary system .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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