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On the Principle of Directness and Verbalism

Author: LiuQiuPing
Tutor: SunChangYong；SongShiJie
School: Xiangtan University
Course: Procedural Law
Keywords: Principle of Directness and Verbalism Hearsay Rule appearance in court of the witnesses immunity of giving evidence
CLC: D915.3
Type: Master's thesis
Year: 2005
Downloads: 325
Quote: 2
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Abstract


The Principle of Directness and Verbalism is a fundamental principle that is universally established in the Civil Law System countries. In the Common Law System countries, there is the Hearsay Rule, which is very similar to the Principle of Directness and Verbalism. In many aspects, it is even more strictly than the Principle of Directness and Verbalism. So we can say it is also a worldwide principle in the criminal trial procedure. In China, the current criminal trial procedure tries to make the judge remain neutral and strengthen the confrontation of the two Parties, but on the other hand it lacks a set of relevant regulations. It is too hard to realize the confrontation of the two Parties. One of the main reasons is that we didn’t establish the Principle of Directness and Verbalism. The literati almost all agree on establishing the Principle of Directness and Verbalism in China. In China, the current stipulations still have some distance to the establishment of the Principle of Directness and Verbalism. It mainly embodies in the following aspects. First, the witness’universal default in courts caused the adjudication depended on the written evidence. Second, the judges who chair the trial lack the independent right to adjudicate, and the adjudication is not totally a direct result of the trial. Third, the judges don’t have enough professional skill to control the trial guided by the Principle of Directness and Verbalism. In the foreign countries, they clearly illustrated the contents of the Principle of Directness and Verbalism in law. Meanwhile, they established a series of guarantee rules, including a perfective system of witness’appearance in court, and an independent adjudication system of the trial judges. So to establish the Principle of Directness and Verbalism in China, first, we should clearly illustrate its contents in law; second, we should define the exceptions of the Principle of Directness and Verbalism properly; third, we should improve the guarantee rules of the Principle of Directness and Verbalism.

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