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

On the Issues Related to the Current Standard Proof of Detention of Our Country

Author YaoZuoHai
Tutor WangGuiFang
School Huazhong University of Science and Technology
Course Legal
Keywords Arrest Conditions of arrest The arrest of the standard of proof Verified Preliminary evidence
CLC D925.2
Type Master's thesis
Year 2011
Downloads 27
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The arrest standard of proof in practice is a relatively one-sided , in its understanding of the theoretical circles , there are many differences . Research on the arrest of the standard of proof , is conducive to the statutory conditions of arrest to be implemented in the judicial practice , reduce wrong catching phenomenon occurred , the legitimate rights and interests are protected so that the suspect . Text Besides the introduction , the text is divided into four parts , about three thousand words . The first part is about the arrest of the standard of proof Overview . Theoretically elaborated the concept of standard of proof and the substantive content analysis , and on this basis the arrest of the connotation of the standard of proof . The second section deals with the arrest of foreign countries prove standard . Comparison and examination of the the Two Schools arrest standard of proof , and pointed out their common features, such as the emphasis on subjective and objective factors combined with the hierarchy , as well as the idea of free evaluation of evidence into the objective evidence , and so being . The third part discusses the current arrest standard of proof . Pointed out that the objectivity , hierarchy , etc. as well as the relevant provisions they have is not clear , comprehensive , standard of proof is fuzzy , the lack of proportionality , legal provisions and unrealistic inadequate . And analysis produce insufficient reasons: inadequate not only because of its own regulations , but also with the investigators subjective understanding of the standard is not unified , misconceptions related arrest function . The fourth part discusses the arrests prove that the standard of perfection . Current arrest standard of proof is too abstract and lack of maneuverability , a lot of problems to make arrests if applicable , such as the arrest of the applicable rate is relatively high , and a long time in custody , arrest and even become a punishment , deterrence of criminal tools . Put forward the following suggestions for improvement : the establishment of a diversified arrest proved the standard system , set the arrests prove that the standard combination of objective and subjective factors , including the arrest of the standard of proof further clarify \the idea and elaborated to establish the necessity and significance of \

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