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On the Criminal Evidence shows the system construction

Author: ChenQunWei
Tutor: WangHaiYan
School: China University of Political Science
Course: Legal
Keywords: Discovery of Criminal Evidence Adversary Terms of reference ' Build
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 141
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Abstract


Criminal Evidence Discovery System , refers to the various stages of criminal proceedings , the parties disclosed in accordance with the procedures and methods to each other their respective possession or control of the Evidence and information activities . This system has to identify the facts of the case , litigation fairness , efficiency and protection of human rights legal sense . Common law countries, the use of Evidence Discovery system to protect the right to the scoring of the lawyers , civil law countries, the use of a scoring system . China is in the process of transforming the terms of pattern of litigation to the parties ' litigation mode . The existing law does not determine that the evidence discovery system , while still scoring system . This system with the parties ' litigation model is not suited to the difficult cause of Lawyer , Lawyer rights can not be guaranteed . To solve this problem , in practice , many parts of the Evidence Discovery System reform experiment . Evidence Discovery system and the scoring system in the form of lawsuits relations between the two sides , there are differences in the principal value of the pursuit of investigation and evidence collection . In the context of the background of great importance to the protection of human rights and procedural fairness and the litigation model of syncretism , China should open the evidence to establish suitable for China Discovery System as one of the objectives of the reform of our criminal justice system . Japan and Italy is a traditional civil law countries, also has a process of reform in terms of pattern of litigation to the parties ' litigation mode . Both with our situation . China should learn from their experiences to build China 's Criminal Evidence Discovery System . Criminal Evidence Discovery should follow a two-way, not just the principle of efficiency . In addition to the procuratorial organs and defense counsel , the suspect, defendant , defender of non-lawyers and judges in the pre-trial procedures should be the main Discovery . Parties to the litigation proceedings strength difference between the reality of their open show coverage should also be different . Evidence shows a system should exist at all stages of the proceedings . For sanctions in the Criminal Evidence Discovery System protection through mandatory pre-trial procedures to open the show and the trial to be protected.

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