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The Demonstrative Research on Criminal Evidence Rule in China
2008-2-28
 

                                                Fang Baoguo

 

Criminal evidenc rule is a rule on admissibility of evidence and process of proof. The paper research on the practice and cases of criminal evidence rule in China.

 

Firstly, the paper analysed the whole country’s uniform evidence rule and local criminal evidence rule, including presumption of innocence, confession, rule of exclusion, secondary evidence rules, testimony, expert testimony and Standard of Proof.

 

Secondly, there are many problems on criminal evidence rule in China.Few witnesses take the stand, and rule of exclusion can not put into practice.

 

Thirdly, the paper analysed the cause why criminal evidenc rule could not put into practice in China. Then one Proposed Rule of Evidence was criticized.

 

Fourthly, it is necessary to study the nature and founction of criminal evidence rule. We should pay attention to the relationship among evidence rule, model of process and criminal procedure.

 

Finally, the principle of due process should run through the process of proof. We should strengthen and reform the rule of exclusion, the hearsay rule, the rule of incrimination onself, the rule of character evidenc, the rule of privilege, the best evidence rule,corroborating evidence and the standard tandard of proof.

 

 

Keywords: Criminal Evidence Rule    Local Evidence Rule Demonstrative analysis

 

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