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Investigators Procedural Law the Burden of Proof

Author: ZhouXuFeng
Tutor: WangJunMin
School: East China University of Political Science
Course: Procedural Law
Keywords: Procedural illegal Procedural justice Illegal evidence The burden of proof
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 154
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Abstract


Any of the rationality of the system must operate with the fulcrum supported by theoretical research as an opportunity to explore the procedural law the burden of proof of the investigators for the Construction of a set of mechanisms has the effect of inestimable. Traditional proof of principle of shared responsibility, investigators procedural violations of the principle of distribution based on the characteristics of the traditional burden of proof should not be used. When the defendant asked the investigators procedural illegal, the need to provide evidence proving that to achieve the \Investigators procedural burden of proof is evidence exclusion rules inherent requirement of the proper meaning of the basic requirements of the prosecution and the defense of the principle of balance, but also procedural justice. Its existence is not only the theory has a very important litigation support and achieve substantive justice and procedural justice. Investigators procedural law the burden of proof of the lack of burden of proof and standard of proof and the perfection of a series of related mechanisms. Follow research ideas from theory to practice, to expand research and analysis on the basis of the various theoretical depth fancy, explore the the judicial environment with cutting-edge dawn of our investigators procedural burden of proof to the effective operation of the judicial practice, drawing on the absorption of foreign explore reasonable path to refine the rules on the basis of the legislative and judicial practice. The text is divided into five chapters. The first chapter is the burden of proof of the investigators procedural illegal overview. First to define the concept and nature of the program illegal, and then elaborate on the issues related to the concept of burden of proof, once again proved the theory of the allocation of responsibility to explore. Allocation of responsibilities and the general sense of the level of proof of principle \Next article investigators procedural law the burden of proof that the theory based on inquiry, it is evidence exclusion rules inherent requirement of the basic requirements of the prosecution and the defense balance, is procedural justice, the proper meaning. Chapter II investigators procedural burden of proof from the empirical dimension elegant. The chapter is divided into two parts, the first procedural proof investigators around the template described, discover the forefront of the dawn of the judicial practice, then it empirically survey questionnaire from investigators procedural burden of proof the legitimacy of understanding value analysis, factor analysis and the results of analysis of the four dimensions of data statistical analysis of obstacles. Chapter critical analysis of the extra-territorial legislation and judicial practice. The chapter is divided into four parts, reviews the status of legislation and judicial practice in other parts of the common law countries, the United Kingdom and the United States as well as civil law of Germany and France in addition to Taiwan, for example, for improving learn and absorption of foreign China's investigators procedural violations of law the burden of proof set of mechanisms to be beneficial. The fourth chapter from the barrier factor worth two dimensions to explore the regulation of the burden of proof. State Standards and the potential impact of litigation culture, due to the lack of China's legislative requirements and other relevant procedural rules, the responsibility of procedural law the burden of proof for investigators to build no doubt there is a potential impact. The barrier factor analysis of how to effectively get rid of the negative impact of benefit, and explore the value from the positive aspects of showing the necessity of procedural law the burden of proof on the investigators regulation. Chapter investigators procedures against the law the burden of proof to improve definition, the chapter is divided into four parts, mainly from the concept of update discusses four dimensions of the evidence system, safeguard measures and other relevant factors. The Chapter of the judicial practice has the effect of immediately useful. Only reasonable theory on the set of mechanisms built Expand careful argumentation in order to open a glimmer of hope for the judicial practice.

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