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Study on the Evidence Investigation in the Criminal Trial

Author: ShuHui
Tutor: JiangShiPing
School: Guangdong College of Commerce
Course: Procedural Law
Keywords: Trial evidence investigation Survey evidence subject Evidence Investigation Procedures
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 128
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Abstract


Criminal trial evidence in a criminal trial investigation refers to the process, the subject of proceedings in accordance with the statutory procedures and methods for evidence on display, confrontation and verification to confirm its probative force's activities. As a central part of the trial stage, the trial evidence directly affect the results of the survey evidence and sentencing evidence finalized adoption, thereby affecting the facts of the case considered, so the role of Evidence in this result set is particularly critical. It embodies the judge and the parties to the rights of such investigation between the main game, which embodies the \National concept based litigation, trial mode, the selection of the trial evidence of a different survey modes. Most typical representative of a \survey mode. \They are investigating the body of evidence, evidence for conviction and sentencing relations evidence investigation to determine the scope of the investigation of evidence, evidence investigation order, the evidence demonstrated their ways of investigating the characteristics of each. This is evidence of a criminal trial investigation as a whole as the research object, specifically from the comparative analysis of several aspects of a study. Of course, any study should point to the country, to solve their most practical problems, in order to facilitate investigation of the trial evidence Perfection. Investigation of the evidence of the trial there are many quite reflective of the Department: the victim as evidence not only destroyed the main proceedings investigating the theory of internal coordination, leading to the prosecution and defense structure was further imbalance, and increased technical difficulty of investigation; conviction and sentencing evidence investigation evidence investigation at the same stage not only violated the \Big subjectivity and arbitrariness, may lead to the truth distorted; defendant first one to accept the court investigation against the \Color is a strong inquisitorial investigation of the evidence of the trial most general performance, but also the greatest obstacle to reform. Current local courts for the trial of the issue of spontaneous various exploration and practice, criminal procedure and then modify the voice of a wave higher than the wave, which are for the trial evidence investigation provided an opportunity for reform. I suggest that in considering reform constraints, under the premise of a clear value targets, focusing on the feasibility and operability of the system to locate the reform, the main focus on the trial evidence investigation program design optimization, the judge's authority to appropriate restrictions, the defense trial evidence investigations related rights protection, choose the path of progressive relevant for our current system of fine-tuning.

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