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On the Crime of the Defender or the Agent Destroying or Forging Evidence or Impairing Testimony

Author: MaZhiXu
Tutor: WuRenBi
School: Southwest University of Political Science
Course: Criminal Law
Keywords: Or agent ad litem Destroying or falsifying evidence , prejudice Witnessing identified Defect Repeal Perfect
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 73
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Abstract

The 1997 amendments of the Penal Code, the addition of the provisions of the current Article 306 of the Penal Code, the paper to be discussed or agent ad litem to destroy evidence, fabricating evidence, Obstruction of Witnessing. The addition of the starting point of this crime in order to regulate the practice of the agent ad litem is to protect the normal conduct of the activities of the criminal proceedings, and the fairness of the trial. However, in our law system is not developed when, whether there is a need for this additional sin at the time there were different views. Applies in the administration of justice with this crime, this crime exposed more and more problems, especially in some of the lawyers unjustly imprisoned because of improper application of this crime and caused a large controversy, appeared for the abolition of this crime to guarantee lawyers normal practice to protect the legitimate rights and interests of lawyers of voices. I think, after careful study, endorsed the abolition of this sin, but should not repeal the correct understanding of this Law shall apply Article. Destruction of evidence from the following five aspects or agent ad litem, falsifying evidence, Obstruction of Witnessing discussed: The first part of the background and process of this crime legislation, pointed out that the beginning of the establishment of this crime legislation controversial and detailed view of the parties to the dispute. Second part, combined with the legislative background and the legislative intent, Compare Discrimination of various points of view, the use of law hermeneutic Analysis of several controversial issues of the objective elements of the crime, including any evidence for \\The third part of the Crime morphology were identified, including the crime of acts committed or the result of guilty, how to distinguish between the crime of attempted and consummated morphology, as well as the prejudice to the crime of evidence of this crime and the Criminal Law A comparative study of other related charges, making have a clear grasp of this crime. Part IV discusses the deposit and waste controversy for this crime, details the different viewpoints of the opposing parties, leads to further reflection on this crime defects and improve. The fifth part, the use of a comparative approach, by comparison with foreign criminal legislation come to the inconsistency of China's criminal legislation with international common practice. Combination of substantive criminal law, criminal procedure law and the relevant provisions of the law system, are discussed from the point of view of theoretical and judicial practice many defects of this crime, this crime clearly with Modesty missing, related ordinance does not convergence imbalance undermine control, defense, the trial balanced proceedings mode formation, increase the risk of lawyers practicing five this crime can be other related offenses contain no necessity. The proposed special handler set the lawyers alleged crimes committed criminal liability immunity implement lawyers.

On the Crime of the Defender or the Agent Destroying or Forging Evidence or Impairing Testimony

Abstract

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