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On the evidence in criminal proceedings referee principle

Author: ZouLiang
Tutor: ChengDeWen
School: Nanjing Normal University
Course: Procedural Law
Keywords: Evidence of referee Evidence Evidence of ability
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 240
Quote: 2
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Abstract


The modern world has been generally established in the Criminal law or legal practice evidence referee principle , and our criminal legal system has not yet been established this principle . Moreover , scholars also not consistent with the meaning of the principles of evidence referee , I believe that the evidence in criminal proceedings referee principles should include the following meanings : the identification of a question of fact , should have the evidence based on ability and go through legal procedures to investigate evidence ; evidence not identified the relevant facts . Evidence referee principle experienced referee principle the inquisitorial proceedings mode of evidence from the principles and spirit of the ancient impeachment proceedings mode hazy evidence referee , initially formed , to the gradual improvement of the development process in the adversarial mode . This process reflects the Criminal protection of human rights purposes and due process independent of the value of understanding the step-by-step deep , but also reflects the progress of the development of human reason . Correct understanding of the principles of evidence appear to need re- examination of the evidence and evidence , the referee the main body of evidence can only judge , referee 's range includes not only the fact that the substantive law and procedural law also includes facts , but does not include all the facts , constructive judicial notice of the fact that self-identified can be used as evidence referee principle of exception , in addition to evidence referees need to clarify the principles and standard of proof, the burden of proof , proof methods relationship . In value terms , the evidence referee principle reflects the value of justice, effectiveness , while the principle of establishing evidence in criminal proceedings, the referee you need to focus on two aspects of the system and the rules of evidence from criminal proceedings . China 's criminal litigation system in many ways reflects the requirements of the principle of evidence referee , but did not really establish this principle , there are a lot of inadequacies . The evidence of the establishment of the principle of the referee needs to for these inadequacies continue to improve .

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