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CRIMINAL View of Reality

Author: WangBiao
Tutor: SunChangYong
School: Southwest University of Political Science
Course: Criminal Procedure Law
Keywords: CRIMINAL View of Reality Substantive Truth Due Process Substantial True The form of real
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 103
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Abstract

Criminal activities are identified expand around the facts of the case, the facts of the case to punish a person according to and unfounded punishment is not only unfair, but also shows the incompetence of the state power. What are the facts of the case? How to recognize the facts of the case? We concluded that the facts of the case must be correct? There are several factors to determine the complexity of the facts of the case identified First, the facts of the case can not be separated from the witnesses (in the broad sense of witnesses including expert witnesses, and police procedures facts prove), but the testimony of a witness because of the subjective and objective reasons may be distorted; Second, Criminal prove a deductive reasoning to infer the form of this process contains errors may ; Third, the nature of the judicial trial determines a different method of investigation of the facts of the case and the facts of life, the investigation of the facts of the case by the time limit of the range, the confrontation of the parties is to increase the difficulty of a fact-finding Moreover, even if the investigation clear may not be able to clearly demonstrate; Finally, the activities of criminal proceedings is not only truth, the range of social needs and values ??need to consider. Identified in the facts of the case, the post-modern philosophy put forward a series of challenges, the facts of the case identified the Knowledge Base of changed. However, the relative uncertainty of knowledge or probable, therefore, treat the facts of the case finds that we should be optimistic and cautious. The subject of this paper is the real concept of criminal proceedings on this theme, the author carried out a systematic study of the Criminal real concept, the main line of this article is the Criminal true concept of what trends. This article is a total of three thousand words, in addition to the introduction and conclusion, the body is divided into three parts, the main contents are described below: in the introduction, the author analyzes the real discovery in criminal proceedings in importance, as well as the Criminal real concept of real connotation, then the author analyzes the value of Criminal real concept. The body is divided into three parts, the first is a theoretical model of the true concept of criminal proceedings, of the Code of Criminal Procedure academic no systematic study of the true concept of the criminal proceedings, but there is also some insights on criminal litigation real concept, I These theories are summarized and summarizes, on this basis, I will give their own reviews. Second Comparative Law Criminal real concept, in this part, I chose the United States, Germany and Japan as a representative of the country, the true concept of these countries Criminal Investigation of the system. A country's Criminal real concept is the basic idea of ??a country's criminal proceedings, this concept requires a specific system to reflect, therefore, I chose the legal significance of the statement, record or dossier of evidence of the ability and the probative force of the formal court judge the true obligations of the terms of reference of the investigation powers and illegal evidence exclusion rules, the fact that appellate discovery function, in particular, whether to allow a retrial retrial of the defendant is not conducive to the two sets of six questions to analyze the true concept of the national Criminal former main answer true found that way, which is the main answer real selection differences found to conflict with other values, of course, this division is not absolute, just for the convenience of theoretical analysis. On this basis, the author summarizes the three countries Criminal real concept, based on a comparison, I made the real trend of the evolution of the concept of Western rule of law, the National Criminal own judgment. Finally, the real concept of our criminal procedure. Author based on historical analysis, empirical research and analysis of China's criminal litigation real concept. The use of the concept of system structure, the main interest in the social sciences, action selection, organizational environment, the author analyzes the reasons for the formation of China's Criminal real concept. Of course, today's China is in a great period of social change, criminal litigation system changes must be placed to understand the environment, a bold On this basis, we can change in its direction of development of the real outlook of China's Criminal forecasts. In the epilogue, the author of this article is summarized, and pointed out the defects of this article and the direction of future efforts.

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