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Research evidence law under the category of crime

Author: WangPeng
Tutor: DuYu
School: Fudan University
Course: Legal
Keywords: crime constitution Proof responsibility Standards of proof presumption
CLC: D924.1
Type: Master's thesis
Year: 2012
Downloads: 102
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Abstract


The theory of crime constitution which is a very important topic in the area of Criminal Law, is also the focus of attention of the criminal law scholars. It’s not only a form of the concept of regulation, but also as the connection of the criminal law and the criminal procedural law. It refers criminal litigation frame, and lead the direction of the criminal procedure. In fact, the criminal litigation process is the use of the criminal suspect or the defendant evidence of compliance with criminal law behavior of the crime of process. As the Japanese scholars of criminal law, small qing ichiro pointed out:"To a criminal procedure in some components for guiding image to identify the case and entity gradually formed proof, in a final accord with the facts of the elements to do, that is the goal" The crime of the litigation function embodied in judicial proof, not only for the criminal procedure provides distinguish the object of proof standard line, to the burden distribution, and each object degree, limits on the burden of proof provide integrity guidance, and can play their due to the function of presumption more logical will provide evidence of two sides are the necessary of the corresponding to the theory of a crime system of scope. This paper according to the thought that launches, specific analysis and their relationship, and thus the crime system of our country on the problems existing in the remodeling idea theory, this paper remove preface and conclusions were divided into three chapters.The first chapter expounded the concept of the crime of the origin and de-veloping, and introduces the basic theory of the classification of foreign crime, including double levels of Anglo-American law system of the crime, the progressive type mode of continental law system and the model plane type of the continental crime law system of the crime, it gives a further discussion that compares crime system in all countries, on the basis of analyzing the theory of Chinese criminal origins and characteristics.The second chapter is the focus of this article, includes the object of proo-f, the allocation of the burden of proof, the proving border of defendant could bare and the function of presumption in crime system.First, the objects of proving include substantive law facts and procedural law fact. The criminal case in the form of a particular entity of crime for guidance of image, conviction is actually a according to the case facts of substantive law applicable to blame process, and not rely on the judge’s discretion. If the facts can’t cause specific substantive law standard applicable, and the fact that the relevant charges or excuse you should not become the object of proof of the case, that in fact the entity within the scope, the object of proof is focus on crime and form. The standards of proof and procedural fact is more complex, according to the principle of the construction procedure justice in the criminal procedure, procedures and the physical fact that your company fact, inseparable, so the program will be the object of proof fact itself.Secondly, the burden of proof allocation problem involves judgment standard of evidence of different and not applicable principle, of which the illegality of the elements and resistance but factor which was responsible for the proof and the system of the crime of what belongs to what kind of elements. These directly cause the discussion how to constitute reasonable system of crime.Again, the function of presumption is an important link between criminal proof and crime constitution, which the judge judges guilty or innocent bases onFinally, under the principle of presumption, he defendant usually don’t bear the burden of proving, but for some special cases, it should be the burden for limitation by the defendant, so as to achieve the rationality and the economy of the criminal procedure requirements.In the third chapter, it expounds that China’s lack of a crime system of the function of presumption and gradation, and discusses how to constitute a system of crime surroundings.

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