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Procedural Justice and Criminal Evidence Act

Author: ShiLiMei
Tutor: FanChongYi
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal Evidence Act Procedural justice Prosecution and defense Legitimacy foundation Diverse value systems Substantive Truth Justified Civilize Evidence Legislation Fact-finding
CLC: D915.3
Type: PhD thesis
Year: 2003
Downloads: 1284
Quote: 6
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Abstract


This dissertation focuses on the relationship between procedural justice and criminal evidence law. The effect of procedural justice to criminal evidence law is profound: procedural justice is the substantial basis of the legitimacy of criminal evidence law and take the function of realizing the ration, civilization, democracy of criminal evidence law and due judicial cognition of the fact. So procedural justice can legitimatize criminal evidence law and ensure the law accepted by the society. Procedural justice is not the only value of criminal evidence law, because there is a value system of criminal evidence law, which including finding the truth, efficiency and social order besides procedural justice. Nowadays we should regard procedural justice as the core of the value system and reform our criminal evidence law.The main part of this dissertation falls into five chapters:Chapter 1: criminal evidence and criminal evidence lawThis chapter defines criminal evidence and criminal evidence law from the aspect of procedure and take legitimacy as the basic evaluation standard of criminal evidence law.Chapter 2: justice and procedural justiceThis chapter deals with the substantial legitimacy of criminal evidence law. The basic standard of justice can justify all the laws and the procedural justice can legitimatize criminal evidence law. Procedural justice includes formal and substantive procedural justice, these two aspects which include a few basic standards are necessary for the legitimacy of evidence law. Procedural justice is not same with the principle of due process in Anglo-American law system and the principle of procedure of legal state in civil law system, but these three principles are related to each other.Chapter 3: function of procedural justice to criminal evidence lawThis chapter explains the reason that procedural justice can legitimatize criminal evidence law. The functions of procedural justice to criminal evidence law can account for this question. Firstly, procedural justice can make criminal evidence law more reasonable by way of confining the discretionary power of judge, enhancing the possibility of foretelling the results of procedure and reducing the risk responsibility of the judge. Secondly, procedural justice can make criminal evidence law more cultural by way of prohibiting the torture and controlling the power of state; Thirdly, procedural justice can make evidence law more democratic by way of protecting the right to join in the procedure of the two parties especially the defendant and disclosing the evidence to<WP=6>the parties and the society; Lastly, procedural justice can justify the judicial cognition.Chapter 4: procedural justice and the choice of the values of criminal evidence lawThis chapter deals with the situation of procedural justice in the value-system of criminal evidence law. There are a few values of criminal evidence law, such as finding the truth, efficiency and social order besides procedural justice. These values have consistency and inconsistency to each other but always inconsistency. So we can’t achieve all the values in one law and the legislator should choice among these values at the direction of some value-ideology. Recent judicial renovations in France and Russia who has similar law system, ideology and international background with China all took procedural justice as their basic choice and we can draw some lessons from them. Based on the experience of France and Russia, national and international background of China and the functions of procedural justice, we should change our value-ideology of criminal evidence law from the one centered on finding the truth to the one centered on procedural justice and giving proper consideration to other values. Chapter 5: requisition of procedural justice on China criminal evidence lawThis chapter expresses the importance of this dissertation that is constructing China criminal evidence law by leading of the principle of procedural justice. The standards of procedural justice have di

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