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On Constructing the System of Criminal Evidence Discovery in China

Author: WangYan
Tutor: LiWeiGuo；LiuPeng
School: Guizhou University
Course: Legal
Keywords: criminal proceeding Criminal Evidence Criminal Evidence Discovery
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 144
Quote: 1
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Abstract


Criminal evidence discovery is a very important system in criminal proceeding and this concept originated from the Anglo-American law system. This system is of great significance in the litigation structure in which the evidences of cases aren’t transferred and the accuser and the defendant bear the burden of proof in courts. This thesis will ponder over the establishment of the system of criminal evidence discovery in China, and thereby to contribute to practice as well as legislation.By analyzing the situation of criminal evidence discovery in China’s legislative as well as judicial explanation, it discusses some defects existing in China’s system of criminal evidence discovery, The construction of this system is advantageous to objectively reflect the truth of the case, safeguard the legitimate rights of the accused as well as improve the efficiency of trial.Firstly, it states that some principles shall be followed when establishing the system of criminal evidence discovery in China, namely, the principles of two-way discovery, complete discovery and equivalent discovery, etc, and then the principles are expounded respectively; Secondly, it analyzes the scope of criminal evidence discovery system in China, pointing out that the essence of the scope is the contents of evidence discovery, The thesis specifically introduces this problem from the sides of accuser and the defendant; Thirdly, the procedure of evidence discovery is discussed, mainly from the aspects such as subject, time, place, style, etc. Lastly, it probes into the necessity of establishing the punitive regulations on breach of the evidence discovery obligation. Based on the current situation of the criminal proceeding and referring to the practice in other countries, this thesis puts forward some measures to deal with the breach of disclosure procedure.

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