Feasibility Analysis Of Constructing Testimony Revelation System In China

Criminal Testimony Revelation System is an important procedural system among party-domination law-suiting systems, whose aim is that both accusing and defending parties could obtain the necessary case information in advance of court's inquisition, in order to ensure the justice and improve the efficiency of law. The amended Criminal Law of China has absorbed the confronting mechanism of Romano-Germanic party-domination litigation, and the manner of judgment has changed from rectifying and asking to accusing and defending. However, the matched corelational systems are incomplete or faulty; for example, Criminal Testimony Revelation System is one of those. As to how to construct Criminal Testimony Revelation System in China, the author is going to demonstrate and design his reasons through four parts.â… Brief Introduction of Criminal Testimony Revelation SystemIn order to construct the Criminal Testimony Revelation System in China, the origins, development as well as the containing law value of this system must be known. This system is originated from Romano-Germanic family countries. After the athletics judicatory theory was misled to the crossroad of testimony assault, it was evolved into sheer argument and athletics. It's the product of the regression of leaning on procedure justice leading to the essential justice of case, and through constant consummation, the Criminal Testimony Revelation System has become an important procedural system in criminal law. This system is capable of showing the value of criminal law, as a result, the lead has been followed by many countries and been explained as international criminal and judicatory guideline.The law values of the Criminal Testimony Revelation System are mainly represented as the following three aspects. Firstly, it can manifest the properties of publicity, democracy and equality involved by procedural justness. Second, it can realize the goal of entity justice. Thirdly, it can also improve the legal benefits.â…¡Contrast of the Criminal Testimony Revelation System in Foreign CountriesBy studying foreign Criminal Testimony Revelation System and conducting contrastive analysis of different systems of policies, governments, culture and laws under different background, we can learn and use the elites of them for reference.Among Romano-Germanic family countries, British and American Testimony Revelation Systems are the representatives. Britain is the emanating place of evidence revelation system, which has experienced the perfecting process from judge-made law to statute law. By 1996, with the establishment of Criminal Procedure and Investigation Act, Britain has completed its reformation and perfection of evidence revelation system. The characteristics of this system are mainly that law officer needs carry out his first and second time revelation obligation, yet regulating the remission principle of public interests. U.S.A., according to the characteristics of two stages in criminal law; that is pre-judication and pretrial motion, put forward that evidence showing activities should be enacted in pre-judication stage. Meanwhile, the scope of showing evidence by accusing and defending parties is prescribed in the Federal Rules of Criminal Procedure.Continental law system countries are represented by Italian and Japanese testimony revelation systems. In Italy, before and after pre-judication, evidences are revealed in special inspecting rooms set by procuratorate and court representatively. Japan restricts its testimony showing within the evidence scope adopted by court according to its indictment-only doctrine.â…¢Needs and Feasibility Analysis of Constructing Testimony Revelation System in ChinaThe needs to construct Testimony Revelation System in our country are mainly represented through three aspects. The first aspect is the demand of criminal law reformation. Under the background of our country's judicatory reformation, the reformation of criminal law system is continuously penetrated. Some of reformation actions, such as reformation of court hearing manners, simple and easy procedure's application, etc. all need to construct their correlational matched systems. Testimony Revelation System is just one of the extremely important items. The second aspect is the demand of summarizing and standardizing testimony revelation in judicatory activities. In present laws, the regulations about testimony revelation exist many problems and malpractice, such as the ability imbalance of accusing and defending parties in taking evidence, the retroversion of attorney's right of reading case record; meanwhile some arisen problems of evidence showing in judicatory activities, such as the inconsistence of participating bodies, disaffinity of star-up opportunity, etc., all demand a unified and normative testimony revelation system to prescribe. The last aspect is the demand of maintaining China's international image. Nowadays, China is playing more and more important role in international stage, meanwhile, its legal construction should also integrate with the world step by step. The construction of Criminal Testimony Revelation System will play a positive role in ensuring human rights and showing judicatory justice in our country.The feasibility of constructing Chinese Criminal Testimony Revelation System is also embodied through three facets. Firstly, the present laws provide certain legal supports and leave some space for the construction of testimony revelation system. The amended Criminal Law and some related judicatory interpretations are all connected with the testimony information exchanging activities between accusing and defending parties. Secondly, the academy theory research results are extremely abundant, which have laid a solid theoretical foundation for the construction of Criminal Testimony Revelation System. Thirdly, some experimental work of testimony revelation in judicatory activities has provided precious experience for constructing Criminal Testimony Revelation System.â…£Specific Conception for Constructing Testimony Revelation System in ChinaThrough four aspects, the author designs a Criminal Testimony Revelation System which is accorded with Chinese situation. The design is based on the studying and using foreign Criminal Testimony Revelation System for reference, and is combined with Chinese political system, social culture, legal construction and other realities. The first conception is the principles that Chinese Criminal Testimony Revelation System must establish. They mainly consist of the principles of using for reference and creating, the principle of legal testimony revelation, the double-direction principle of testimony revelation and the remission of public interests principle.The second conception is the entity design of testimony revelation, which mainly includes the main body's confirmation of criminal testimony revelation and the confirmation of the showing scope of testimony. The main bodies of Chinese criminal testimony revelation ought to be: the case's undertaken law officer, the murdered and their attorney, counsel for the defense and other paracletes, the suspect or the accused and the judge. The scope of testimony revelation includes the confession and allegation of the accused, attester's attestation in front of court, the victim's statement, material evidence, written evidence, appraisal conclusion, investigation results, examining notes and other audio and visual materials. If the advocacy party asks for showing, the evidence brought forward by the accused out of court should also be revealed. The defended should show the following evidences or facts: the alibi of the accused; the accused is not old enough or incapable to take the criminal responsibility; the behavior of the accused falls short of forming crimes; the accused should be legally lighten or exempted from punishment; the information of witness who is going to be summoned to court and attestation record; the written record of the accused, the victim and the judge by the defended party; the written evidence, appraisal conclusion, investigation results, examining notes collected by the defended party.The third conception is the design of testimony revelation procedures. China's criminal evidence showing activity should be conducted after suing and before holding a court judgment, which can be put forward by the accused, by the defended, or by the court. It is suggested to take the place where the accused was taken into custody or other appointed place as the evidence showing place. Testimony revelation activity should be charged by the judge, with the participation of both parties. The whole process will should be written into summary, which will be held by the accused, the defended and the court after signing respectively. The judge is the main body in form, only charging for revelation activity, not involved with any evidence entitative disputation during the revelation process.The last conception is the legal responsibility of testimony revelation. As to the activities offending testimony revelation, they should be differentiated from causes, faulty degrees, harming result and development of the case, so that the following measures should be adopted. Firstly, the court can set a time limit by force to those who ought to show evidence but refuse to do so without any warrant. Secondly, the court can declare postponed inquisition to those who have warrant to not show evidence temporarily, and reopen the court after the testimony are being revealed. Thirdly, according to China's related legal prescription and standards, the court can adopt comparative elimination and absolute elimination to deal with those who didn't show testimony by violating their obligations.