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The Application of the Rule of Evidence in the Trial Mechanism of the Judicial Committee

Author: ZhouWei
Tutor: HuZhiFang
School: Xiangtan University
Course: Procedural Law
Keywords: Judicial committee The trial mechanism of the judicial committee Rule of evidence Litigating
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 47
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Abstract

The mechanism of trying cases of the judicial committee is primarily about the procedure of the judicial committee’s deliberating and judging cases. It has an important significance to do a research on the mechanism of trying cases of the judicial committee. The judicial committee is the highest judicial organization of the court. From the aspect of the nature of the cases, its proceedings are usually major and difficult cases. Thus we need a demanding legitimacy and justice of its procedures and entities. But the present situation is that the mechanism of trying cases of the judicial committee still has a lot of problems, including the separation of trial and sentence, a lack of valid cross-examine and attestation, and the deprivation of the defendant’s right to defend himself. Though the academic community andpractitioners has done some depth research and put forward a lot of reform measures, the existing problems are not solved. We need to do our research from the root of the problem.From the aspect of the procedure’s legitimacy, the mechanism of trying cases of the judicial committee, which is a mechanism of trying cases, should have a certain legal framework, and protect the parties’rights by the standard procedures. While the road of litigating, which could set up the necessary litigation structure that makes the mechanism of trying cases of the judicial committee work under legitimate procedures, is feasible to meet this need. Though the litigation can guarantee the legitimacy of the mechanism of trying cases, the core of the mechanism of trying cases is the application of the rule of evidence. By regulating the review, judge and accept of the evidence, it can not only make the evidence the most important part of the criminal action, but also regulate the function of the procedures. On the way of the application of the rule of evidence, we need litigating and we need to strengthen the attendance of witness, the responsibilities of the collegiate bench as well. Then we could regulate the mechanism of trying cases of the judicial committee.

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