Dissertation > Excellent graduate degree dissertation topics show

On the Construction of the Criminal Evidence Rule in China

Author: ZuoXiGang
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: Criminal rules of evidence Admissibility System Construct
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 89
Quote: 0
Read: Download Dissertation

Abstract

The rules of evidence are in the collection of evidence, the use of evidence to verify evidence, the use of the guidelines that must be followed by evidence. It is not a general principle and system can operate, but the litigation practice scales. For a long time, the lack of specific, workable rules of evidence, has been a prominent issue in our criminal procedure. Therefore, to establish and perfect the rules of evidence for the effective operation of the protection of the Code of Criminal Procedure, to ensure that the proceedings of the scientific and democratic, has a very important significance. The evidence is the basis of the facts of the case, the evidence of the problem is the core issue of the litigation, all litigation activities are actually around the gathering of evidence and the use of conducted. Use of evidence, modern national law of evidence generally recognized system of free evaluation of evidence, to allow referees based on reason and experience make free judgment on the evidence, the litigation prove the existence of a conflict of interest value, there are contradictions on the evidence and findings of fact, establish too many rules of evidence will be difficult to guarantee the efficiency of the proceedings and the correct identification of the objective facts. The system of modern society, the criminal proceedings, the main evidence is evidence of the Common Law system and evidence of free evaluation of evidence in the civil law system. Evidence of the Common Law system in its long-term development of the process of the formation of a large number of rules of evidence, to prevent potentially unreliable evidence to go to trial, the concentrated focus of the trial and the protection of the rights of the accused played an irreplaceable role. And freedom of Evidence, initially produced in order to eliminate the impact of legal evidence and give judges great discretion to determine the trade-offs of the evidence. The rules of evidence are restrictions on the use of evidence, evidence of the use of the limit in both common law and civil law, criminal evidence system. The rules of evidence are criminal evidence system in the development of the overall trend, and has a national criminal rules of evidence tend to converge, probably due Criminal prove common pattern. China's legislation on limited evidence is extremely limited, the current Criminal Procedure Law and relevant judicial interpretation is only some evidence of qualifications and the probative force of the evidence requirements. Values, cultural traditions, and judicial resources, and many other factors and limitations, the system has not yet formed a complete system of rules of evidence, far from sufficient to meet the needs of the practice. Establish and improve the rules of evidence is to optimize the structure of the criminal proceedings objective requirements, the need to fulfill its international commitments and international standards, China's newly established adversarial trial, calling the rules of evidence to establish a sound. The deepening of the reform of the judiciary, the urgent need to establish our criminal system of rules of evidence, to establish the criminal rules of evidence to help solve the existing problems in our judicial practice. Of Western countries on the basis of our current criminal rules of evidence, the status quo and lack of understanding of the theory and practice of the criminal rules of evidence. That should focus on the admissibility of evidence to construct our rules of evidence, the concrete should be made clear correlation rules, the implementation of the rules of hearsay evidence limits, established illegal evidence exclusion rules, to strengthen not forced to self-incrimination rules, perfect views of the rules of evidence, to establish the best evidence rule. The conditions of the existing problems in China's judicial practice and respect the reality of our country, to learn and absorb the outstanding foreign legal and cultural achievements, and gradually build our fine-realistic rules of evidence. The perfection of the criminal rules of evidence would inevitably lead to the corresponding modification of the relevant provisions of the Criminal adjust the field of view of the law of evidence, it will also permeates the substantive law of the field of procedural law adjustment. Whereby the rules of evidence and procedure rules overlap adjustment on the part of the law should be consistent with the legal system should be the interface between the system should be constructed on the rules of evidence and improvement.

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net Mobile