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Of the Criminal Evidence Discovery System and Its Improvement

Author: ZhaoXin
Tutor: SongYingHui
School: China University of Political Science
Course: Procedural Law
Keywords: The course of justice Concrete ideas The current Code of Criminal Procedure Guiding ideology The basic principles Necessity Theoretical basis Supreme People's Procuratorate Criminal Justice Amending the Criminal Law
CLC: D925.23
Type: Master's thesis
Year: 2005
Downloads: 280
Quote: 1
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Abstract


Criminal Evidence Discovery System has an important role for the achievement of justice, the efficiency of the proceedings. Of criminal proceedings to pursue cases of objective truth; and China is in the primary stage of socialism, the relative shortage of judicial resources, criminal evidence discovery system of criminal justice were even more general significance. Throughout our criminal legal history, there are a lot less than satisfactory Evidence Discovery System is a blank, the current Criminal Evidence Discovery System. Evidence Discovery System is one of the five major reform of public prosecutions in recent years advocated by the Supreme People's Procuratorate, but due to various reasons, discovery in criminal cases is rarely used. Criminal Evidence Discovery in criminal proceedings in China are facing a very prominent, and may hinder the urgent problem of procedural justice and litigation efficiency. Disclosure Criminal Evidence introduced the basic concepts of the system, theoretical basis, starting on the basis of the system of value and foreign profiles, from the discovery of criminal evidence system deficiencies and the need to improve the Perfection of Criminal Evidence Discovery system's guiding ideology, basic principles and specific ideas. Writing of this paper is divided into four chapters. Chapter I: Criminal Evidence Discovery System outlined. This chapter first introduces the concept of the Discovery of Criminal Evidence and Criminal Evidence Discovery System, and then analyze the theoretical basis of the Criminal Evidence Discovery System and system functions at the end of this chapter, a brief introduction of the evidence discovery system in Anglo-American belongs to the civil law of Italy, the legal systems of the United Kingdom, the United States and traditional Japan. By several aspects of the bedding to lay the foundation to lead to China's Criminal Evidence Discovery System. Chapter II: China's Criminal Evidence to show the necessity of the system and its perfect. In the first part of this chapter, by the evidence before the amendment of the Code of Criminal Procedure Discovery system and modified open to show a brief description of the system and roughly compare, come to the Code of Criminal Procedure, the changes in the way of files transferred, bringing is the Discovery System of the impact of \In the second part of this chapter lists the shortcomings in the provisions of the Code of Criminal Procedure on the evidence of discovery system. Next, in Part III of the need to improve our criminal evidence disclosure system. Chapter III: Improvement of Criminal Evidence Discovery in the guiding ideology and basic principles of the system. This article intends to improve the criminal evidence disclosure of origin of the system and the overarching principles section to be analyzed, and hope that the guidance from the macro evidence open to show the improvement of the system, on the evidence of discovery system for each specific ideas are to achieve the effectiveness of the proceedings of justice goals. Chapter IV: Improvement of Criminal Evidence Discovery System of specific ideas. This chapter open view of the evidence to show the imperfections in the system initial idea is the focus section of this article. Embodies such a

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