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Criminal Evidence Discovery System

Author: XieHui
Tutor: MaGuiXiang
School: Fudan University
Course: Legal
Keywords: Criminal procedure Discovery System construction
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 135
Quote: 0
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Abstract


Discovery is a concept derived from common law. It is an important system in the criminal procedure. Along with the deepening of the reform of China’s criminal procedure system, the way of trial has changed from the interrogation system to the adversary system in which the prosecution and defense dominate the trial, and to build a criminal discovery system has become an urgent problem in China’s criminal procedure. In order to perfect the construction of China’s criminal discovery system, I tried to research the theoretical and practical problem in criminal discovery comprehensively and in-depth in the area of criminal discovery’s concept, theoretical basis, significance, study abroad, and so on. And with a view to criminal discovery’s legislative status quo and trend of development, I put forward an idea of China’s criminal discovery’s construction, operation and security in the area of basic principles, specific procedures, support systems, and so on.This article has five parts. The first part has researched the concept and meaning of criminal discovery system in theory. The second part has analyzed the evolution and development of western countries’ criminal discovery system by comparing and researching Britain, the United States, Italia, Japan’s criminal discovery system. The third part has researched the status quo and defects in China’s criminal discovery system from the point of view of legislation and practice. The fourth part has put forward an idea of how to build China’s criminal discovery system. It is the focus of this article. The fifth Part has briefly discussed the support system of criminal discovery system.

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