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Study Onapplication of Proof Standard in Criminal Case

Author: CiDanPingCuo
Tutor: XuYang
School: Liaoning University
Course: Legal
Keywords: Wrong criminal cases The criminal standard of proof Illegal evidence exclusion
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 47
Quote: 0
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Abstract


The standard of proof in criminal cases is the core of the conviction and sentencing in the criminal proceedings, its ability to correctly applies relevant to the quality of the criminal trial. In recent years, the occurrence of a series of miscarriages of justice, the main reason is that the criminal proceedings judicial officers of criminal cases to prove the facts of the case of the standard \As the provisions are too abstract, and lack of maneuverability, the judicial practice, did not form a unified applicable standards, resulting in many problems in the administration of justice. Only the testimony of the defendant in this case, the lack of proof of the guilt of the accused physical evidence in the case, was court finds that the facts of the case are clear, the evidence is reliable and sufficient \Injustice referee, this the serious misinterpretation criminal standard of proof made worthy of us to reflect on our criminal cases to prove that the standard applies to the current situation. In this paper, in the form of case studies to analyze the argument of the applicable standard of proof in criminal cases. That explore the occurrence of criminal cases of miscarriages of justice that the application of the standard is inappropriate to have a natural link. First, through the analysis introduced Zuohai case merits, leads to the problem of the standard of proof in criminal proceedings. This part of the main argument the existing problems of the criminal case conviction standard of proof, that our law does not specify the standard of proof of conviction in criminal cases, \out. And judicial practice, understanding and application of the standard of proof is today. Whether criminal evidence is ample, obtained clear evidence to the facts of the case whether or not to comply with the statutory procedures, which formed to judge the inner convinced that the considerations of the extent of the problem, the judiciary also vary. In addition, the analysis demonstrated leave room sentenced to death with reprieve \Secondly, based on the application of the standard of proof in criminal cases come out of the death penalty cases and non-death penalty cases prove standard Discrimination, in turn discussed the condition and problems of the death penalty cases in China and non-death penalty cases, the standard of proof in the argument, and on this basis relations and differences between the two. In addition, the the integration shortcomings of our criminal cases, conviction and sentencing of the standard of proof, and the need for two separate. Finally, the analysis of the meaning of existence in the standard of proof in criminal cases in China of illegal evidence exclusion.

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