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On the certified criminal trial

Author: LiZhenBo
Tutor: XiongZhiHai
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Authenticate Certification standards Authentication mode Certification objectivity
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 67
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Abstract

Criminal essentially from the point of view is a collection of evidence, examine and judge evidence, the use of evidence in the process of understanding the facts of the case. And collect evidence from the investigation phase of the mission, and review of the evidence to determine and identify the trial phase of the mission. At the trial stage, the burden of proof, cross-examination and certification to complete the review of the evidence to determine and identify. Three links, the certification is the purpose and destination of the burden of proof, cross-examination, certification is the prerequisite and basis identified by the facts of the case. It can be said that the certification is the core of the whole proceedings, directly related to the case of a final decision of. However, in our legal academia and judicial practice, certification issues, especially some of the basic theory has been the focus of debate. These theoretical issues of the research and answer certified, the certification theoretical system construction, and the establishment and improvement of the legislative certification system has a very important significance. In this article, the author introduces the evidence is the concept of \point of view. This article is divided into five parts, about 30,000 words, were the elements of the concept of authentication, certification, certification standards, authentication mode and authentication objectivity of analysis and research. The first part is the analysis of the concept of certification. Legislative certification not make a rigorous, scientific and rational connotation defined. In the definition of academic certification also say, today. I think, to make certification a scientific and rational definition and interpretation, we must fully understand the purpose of the certification, the task during the proceedings. According to the case of the referee finds that the evidence, the burden of proof at the same time, cross-examination and other procedures to prepare for certification. During the proceedings, the certification plays a central role of the nexus. Clear mandate and role of the certification, it can define the concept of. Authentication is the judge review the evidence in the trial, confirm the presence and evidence of the effectiveness of the size of the evidence of the ability of judicial judgment behavior. The second part is a study of the authentication elements. Certified elements include the main body of the object of certification, certification and certified three aspects. First of all, the purpose of Certified object, there is no doubt that should be evidence. Certified object must be the objective reality of the material carriers can not contains factual information. The same time, it is necessary to strictly distinguish between the two concepts identified evidence and facts of the case, recognizing that they are the interface between the two different stages in the course of the proceedings, not the same thing. Second, the main body of the certification only person involved in the trial judge. Right to certification as part of the judicial power, can only enjoy the independence of judges. The evidence of the characteristics of the information carrier determines its main identified only information processing capacity of natural persons, and not as a court of the organization. The certification includes evidence \. Finally, the contents of the certification is actually identified the objectivity of evidence, legitimacy and relevance. The introduction of evidence of the concept of the information carrier of the facts of the case, the evidence of \The third part of certification standards. Certification standards in China's legal circles, there has been \I think, not so much between the two is the standard of competition, as it is a requirement of the dispute. The requirement is seeking to achieve something or behavior, more abstract expectations. The standard is a measure of the specific things or actions. In specific cases, difficult for the judge to complete such a request to \Comprehensive look at the various points of view of both, \. Specific certification standards, can learn from common law countries, the effectiveness of evidence such capacity and evidence, namely the establishment of the evidence of the adoption of standards and admissibility standards of practice. The fourth part is the authentication mode. How to establish the authentication mode depends on what mode of action. Contemporary World countries to take equal confrontation between the prosecution and the defense, the center referee referee litigation pattern. And with the interpenetration of two legal systems in the evidence system and absorb, statutory certification and freedom certification combining authentication mode is the general trend. The certification process is actually the heart of the judges of the evidence to confirm the process. In this process, of course, will be reflected in the discretion of the judge. Of that discretion reflected on two levels, a choice of evidence discretion and discretion of the evidence that the force size. The judge's discretion necessarily involves subjective factors, to develop appropriate certification rules is not only necessary but also necessary in order to prevent such subjective factors arising from some of the accidental result of the uncertainty for litigants. The fifth section is the interpretation certification objectivity. First, based on the evidence of the concept of the information carrier of the facts of the case, both the prosecution and the defense in court submitted the persons or things to be able to prove the facts of the case regardless of whether the judge identified, all evidence. There is no \Secondly, since the purpose of the prosecution and the defense the judge, in the proceedings and know the facts of the case, the different perspectives, they formed a separate and different system of evidence, that evidence diversification of the system. Finally, in a different system of evidence, the judge evidence system after a series of proceedings of the burden of proof, cross-examination and certification, so compared to both the prosecution and the defense, it is even more likely to be close to and in accordance with the \The same time, the impartiality of the referee is one of the value of the pursuit of the litigation, but also the establishment of the purpose of the proceedings, and the objectivity of the certification directly determine the cases the referee's fair or not. Therefore, the objectivity of the certification is also an inevitable requirement of the litigation. I need to emphasize, the certified \

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