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Criticism of "Be Disconfirmed According Laws"

Author: LiuWenZuo
Tutor: LiWeiHong
School: China Youth Political College
Course: Criminal Law
Keywords: Judgment Accusation V. that should be reason Bis in idem V. Hearing Identity
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 12
Quote: 0
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Abstract


Third paragraph of Article 162 of the Criminal Procedure Law of the People's Republic of China (hereinafter referred to as the Criminal Procedure Law) provides that: \with the Supreme People's Court on the implementation of lt; Criminal Procedure Law gt; Interpretation of Several Issues \shall make a judgment of guilt or innocence; facts are unclear, insufficient evidence part, not identified in accordance with the law is not the same as to lead to the conviction of the same circumstances, lead to the decision on the need for judicial interpretation to examine our judgment theory. Determine the \\essence contradict the contradictions: both facts are unclear, insufficient evidence as part of another fact clear evidence indeed fully part of the case, the facts are unclear and insufficient evidence some eligibility as the judgment was rendered. Requires no trial without complaint, v. bis in idem protection of the three principles that should be reason, the three principles of the connotation requirements v. trial the interpretation of the same principle as the realization of the principle of separation of one of the basic principles of modern criminal procedure controlled trial. Layers of theoretical analysis, it is not difficult to find in procedural obstacles under the premise of the entire prosecution, the admissibility of the trial, the decision process, the object of public prosecution trial object, the the judgment object in the elements is the same, the court by these elements shall apply the substantive law applicable to their on the trial, resulting in the verdict. At the same time, v. trial the same on the program is reflected in the fact that the identity and legal evaluation of reference. We can see, \conviction for the latter in the reasons for judgment shall not be recognized; identity does not have the facts to make a guilty or not-guilty verdict on the former on the latter acquitted. The current interpretation is contrary to the principle of separation of accusation and trial, infringement complaint the party of the right to appeal, to depart from the principle of the presumption of innocence fallacy worthy of criticism. More importantly, Glimpse of this fallacy, we found that our judgment judicial interpretation of the judgment theory of neglect to explain the work of sloppy has come to the point of an urgent need to correct.

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