On The Principles Of Evidence Appear

Conviction on evidences (hereafter as CoE) is the fundamental principle in modern criminal procedure. The conviction of a crime has to be based on facts, and facts in turn have to be ascertained by evidences. This establishes the foundational status of CoE. CoE principle involves four indispensables in the process of conviction: the fact-finder or subject, evidences, facts and law, among which evidences and facts are two crucial factors and the focus of this dissertation, as the validation of these two factors is of determinant importance.The analysis of the importance of and the relation between the above-listed factors indicates that CoE principle, due to its standardization of the condition and rule of evidence use, ensures the dual values of substantive and procedural justice and procures in the process of standardization the self-contained value. From an analytical expatiation on the application of CoE principle in China, the dissertation proceeds to put forward some tentative measures pertinent to the improvement of the problems diagnosed.The dissertation comprises seven chapters, with a word count of approximate 200 thousand Chinese characters.Chapterâ… is a critical survey of the CoE principle, focusing on the definition and applicability of the principle. This dissertation approaches the principle from the perspective of criminal judge and investigates the normal court procedure of public prosecutive cases. This chapter also delineates the historical process of how conviction has developed from irrationality to rationality.Chapterâ…¡, entitled The Value of Conviction-on-Evidences Principle, clarifies the unique status of CoE principle in the criminal procedure and maintains that CoE is an important indication of the embodiment of human rationality and wisdom in the field of criminal conviction. Four main values of CoE principle underlying in the process of conviction are identified in the spheres of rationality, the guarantee of truth, justice and economy. The examination of these values leads to the conclusion that the procedure justice privileged in modern criminal procedure is primarily guaranteed and realized in the standardization of evidences and their rules of use in the practice of CoE principle.