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On the Rule of Evidence Pre-judgments Prohibition

Author: WuYue
Tutor: LiWeiHong
School: China Youth Political College
Course: Criminal Law
Keywords: Evidence prejudge the prohibition principle Power of litigation structure Evidence investigation
CLC: D915.3
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


Structure of the country in the the continental terms of reference of litigation , the evidence prejudge the prohibition principle is the first principle of specification judge evidence investigation . According to the theoretical study of the Taiwan region of China , the evidence prejudge the prohibition principle means that judges shall not be included in the judgment evidence value based on the findings of other evidence , and thus omitted evidence investigation procedures . China 's first published article about the \Dan Yi . Beginning in 2003 , the evidence prejudge prohibit the principles of this problem has begun to attract the attention of some scholars . In recent years, the term against the principle prejudge the frequent appearance of the academic theories in the Code of Criminal Procedure , and became an important boost to the reasons for a number of judicial practice and judicial reform . However , China is prohibited prejudge the study of the principle is not normative perspective vaguely defined concept against the principle of evidence prejudge the status of this principle in the criminal proceedings is unclear , the evidence discussed in the study prejudge prohibition principle but vague and all-encompassing no real prohibition principle very different , and the evidence in the traditional the continental terms of reference of litigation constructed prejudge . In view of our long-standing at the theoretical level and judicial practice level prejudge the prohibition principle misreading , this article attempts to clarify evidence prejudge the prohibition principle concepts and theories of origin on the basis of the logic of the terms of reference of litigation structure and the adversary litigation constructed system comparative analysis , demonstrated evidence of pre- broken prohibition principle of procedural background of Authority litigation structure , proposed in our super Power of the litigation structure , established evidence of pre- broken prohibit the principle of necessity , and evidence of pre- broken prohibited principle of implementing the proposed with a viable suggestions.

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