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

Criminal Evidence-given-system

Author GeXin
Tutor ZuoChunLei
School Jilin University
Course Legal
Keywords Criminal suit Evidence Discovery The prosecution and the defense balance
CLC D925.2
Type Master's thesis
Year 2011
Downloads 178
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The Open Evidence, is a party to the proceeding to the other party and to disclose the practices and procedures of the evidence and information related to the case. Evidence Discovery System is an important system in the common law proceedings, is one of the devices of the pretrial exchange of information. The core of the system requirement is that the case raised by the defense reasonable application, accused in pre-trial to allow the defense to inspect the evidence at its disposal, in the specific case of the law, requiring the defense of its prepare the evidence in the trial to the accused party be made public. So, Evidence Discovery System is both the prosecution and the defense in the trial before an effective way to fully understand the evidence, it has become adversarial trial procedures are impartial, effective operation of one of the vital protection. On the basis of this article that is in the analysis of evidence to open discovery system causes and value of, comparative study foreign evidence on disclosure system of different points with the same point, at the same time combined with China's relevant legislation and regulations, theoretical contention point and judicial practice of the status quo, further argues that evidence of the need for discovery system. At the end of the article, the evidence discovery system to build a concrete legislative proposals. The text is divided into four chapters, are summarized as follows: the first chapter Evidence Discovery System Overview. First of all, the causes of the Evidence Discovery System were analyzed. The system produced in the common law adversary countries, its arises, in general, is still common law countries to overcome the defects of the mechanism of the adversarial system, that, in order to prevent ambush trial and efficiency of the proceedings system is the common adversary proceedings mode to learn from the pre-trial procedures under the terms of reference of the continent pattern of litigation product, its production has a special historical context. Next, the evidence of the value of the discovery system were analyzed to establish evidence to demonstrate our need for discovery system provides a theoretical basis. Evidence Discovery System has the following values: ensure balanced a powerful tool for the prosecution and the defense, is a concentrated expression of the pre-trial process is open, is to defend the principles and the protection of the rights of the defense, the case in favor of objective truth found conducive to litigation impartial and conducive to the improvement of the effectiveness of the proceedings. Evidence Discovery System under the second chapter of the Comparative Perspective. Criminal Evidence Discovery System of the United Kingdom, the United States, Japan, Italy and other countries to make a comprehensive analysis and comparison, to enable readers to understand the situation and development trend of this system. First is the Evidence Discovery System of the common law countries. The United Kingdom and the United States to implement the adversarial criminal justice system, in order to solve both the prosecution and the defense in pre-trial evidence do not understand each other grasp this problem, the United Kingdom and the United States have established Evidence Discovery System to maximize the prosecution and defense \Secondly, the introduction of evidence discovery system of civil law countries, Italy and Japan, for example, the two countries Trial Reform, into a confrontational mode of action from the inquisitorial mode of action, they abandon \Deportation of Files \To ensure that the defendant in the case of both the prosecution and the defense confrontational enhanced can be obtained and prosecutors the evidence material, so as to ensure justice. Finally, the common law and civil law countries evidence discovery system comparison, the the discovery location discovery and discovery consequences of aspects of different points, and in order to confrontation trial based Pretrial Procedure, the formation of the role common point of contention. To arrive at the conclusions established Evidence Discovery System to its proceedings institutional features can not just transplant a foreign system. Evidence Discovery System for this final chapter legislative proposals do theory bedding. The Chapter of evidence disclosure system of the present situation and the need for the establishment of. First, Evidence Discovery System in China in the end is what kind of a situation, our law in order to ensure that defense counsel fully grasp the prosecution to investigate and collect evidence before the trial, to do effective preparation for the defense, and the provisions of the defense lawyers The right to scoring. China's laws and relevant judicial interpretations and does not specify Evidence Discovery System, and our current system there are still some problems to be solved: the relevant provisions inconsistent procedural requirements is not perfect, the main provisions of a single law makes no provision judicial remedies. Next, on the basis of Evidence - given the status of the system, the analysis of the necessity of the establishment in China of Evidence Discovery System From this we can conclude that: Evidence Discovery is an effective way to ensure that the prosecution and the defense balance of power It is conducive to the improvement of the rights of the defense of our country, will help to ensure the quality of the trial of the case, the efficiency of the proceedings. Building the evidence discovery system is an inevitable requirement for the prosecution and the defense balance legal principles to really form a basis for antagonism measures, but also in the judicial practice of the criminal proceedings. If you want the adversarial criminal proceedings in the judicial practice in China really up and running, the establishment of Evidence Discovery System is necessary institutional conditions in China to establish a complete Criminal Evidence Discovery System is imperative. Chapter IV Evidence Discovery System. First, according to the first three chapters of the Reasons and Evidence Discovery System, in Comparative Perspective, combined with our current situation, put forward specific legislative proposals to establish Evidence Discovery System, respectively, from the start, the case is the scope of application to participate in the main, presided over the for demonstrating content, time, location, and system security aspects of the evidence discovery system to build legislative proposals. However, we learn from a foreign legal system and its successful experience, should fully take into account the implementation of the existing system of the judicial system, legal and cultural soil as well as the current law. In the trend of the world at the same time, we must take into account the experience of the judicial practice in China. Next, the article also raised the perfect Evidence Discovery System supporting systems. A system can not operate in isolation, a system is able to grow up healthy, to the external environment as the basis. Otherwise, even if the evidence discovery system written into the law books, in judicial practice, if you want to receive the desired results that will be hard to imagine things. So, while established Evidence Discovery System should also pay attention to the growth environment, improve the relevant supporting systems. , Articles from perfect aspects of the criminal defense system, the legal aid system, the judge assistant system proposed recommendations to improve the supporting system.

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