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Economic Analysis of criminal Burden of Proof

Author: LuoNa
Tutor: QuXin
School: China University of Political Science
Course: Procedural Law
Keywords: Responsibility of Criminal Evidence Economic Analysis Cost-benefit analysis
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 38
Quote: 0
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Abstract


Economic analysis of law with a new opportunity for development, brought about a 'revolution' As Mr. Zhu Suli said a 1973 economic analysis of law \capacity, enabling us to see a lot of legal \This article is an attempt to apply economic analysis to analyze the theoretical issues of the criminal burden of proof. The burden of proof is an extremely important issue in the Criminal Procedure Law, throughout the entire criminal proceedings. In the proceedings of the old Criminal Procedure Law, because of too much attention to the obligation of the court hearing, the burden of proof of the Public Prosecution failed to receive sufficient attention. With China's criminal trial by the judge-led inquisitorial to the transformation of the adversarial system led by the prosecution and the defense, the burden of proof in criminal proceedings also become increasingly important to improve the burden of proof system become an urgent need to solve the Criminal Procedure the problem. This paper attempts to criminal burden of proof method of economic analysis to explore beneficial to the legislative and judicial actual. The text is divided into four parts. The first part discusses the concept of the criminal burden of proof. In addition to inspect the concept of burden of proof in civil law countries in the criminal proceedings the burden of proof and the common law countries, criminal proceedings, but also on our theoretical circles in criminal proceedings to prove liability on the meaning of contention is reviewed and defined in this article the concept of burden of proof in the Criminal Procedure. The second section describes the tools and the need for economic analysis of the criminal burden of proof. Proof of criminal responsibility in this article tools of economic analysis is cost - benefit analysis. Criminal burden of proof to the need for economic analysis are: to promote the efficiency of economics has become an essential factor in the legal system design. The third part of the cost - benefit analysis on proof of criminal responsibility. This part of the criminal burden of proof in the two aspects of the burden of proof and results responsibility Economics. Under the provisions of the current law, the burden of proof and the results of the responsibility should be borne by the Detective party more in line with economic efficiency. Section IV analyzes the current proof of criminal liability under the legislation, pointed out the lack of law, improve the responsibility system of Proof in Criminal put forward their own views.

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