Research On Relif Programs Of Relevant Evidence And Pretrial Custody In China From "Lee Intentional Homicide"

The evidence is used to prove the facts of the crime of the only means, is the foundation of the justice. While the procedure is to protect the parties legitimate rights and interests are not violated, safeguard the litigation rights fully exercise the penalty crime and safeguard human rights, achieve the purpose of combining. This paper uses the real case analysis, proposed from the following three aspects of the Lee case problems analysis applied in judicial practice, puts forward suggestions. The solution to these problems but also to a certain extent, effectively prevent unjust framed-up and wrong cases, guaranteeing citizens' personal freedom, to improve the level of rule by law in china.The thesis is divided into three parts:The first part mainly for the use of indirect evidence of legal standard of proof. In this case the use of most of the evidence was circumstantial evidence circumstantial evidence, due to its own characteristics, its decision on asserting the fact of case plays a vital role, therefore this article mainly through indirect evidence of the implication and application of indirect evidence standard of proof of the case in the indirect evidence for judgment, in order to achieve full use is, indirect evidence in cases of primary fact, identified the suspect, the defendant has no crime, and determines whether the sentenced requirements.The second part is the confession rule of corroboration corroborative evidence related to ask questions. Lee case in ninth and subsequent interrogation transcripts are confession, other evidence is circumstantial evidence, the Chinese criminal law can not be independent of confession and the defendant is found guilty evidence, only with other evidence of guilt can be confirmed each other decide on a verdict. This situation our country theorists call this corroborative rules, unless the defendant 's confession with other evidence to reinforce its probative force, otherwise can not rely only on this single evidence to the conviction and sentencing. In this case, the reinforcing evidence and testimony combined, whether to reach the heart card, whether the facts of the case? From this case, prosecuted, Li guilty verdict, that is they think that other evidence reinforcing the confession, then this identification is correct, this article mainly from the corroborative evidence rules and the relevant requirements of the corroborative evidence discussed.The third part is about the pending custody relief program problem. Lee from detainees to release, the case lasted more than 3 years, during this period, Lee has been in the custody of the state, there is no relief procedure, a serious violation of China's constitution on the protection of personal freedom. In western countries built up by neutral judiciary pending a judicial review system, and our country did not have the relevant provisions, which resulted in the protection of citizens' personal freedom and the prosecution of crime between the contradictory conflict grows in intensity, this paper has no intention of suspensive detention system is proved, only through the analysis and reflection of Lee case involved in the pending custody relief procedural defects, in reference to the German criminal procedure law foundation, proposed consummates our country the relevant aspects of the judicial remedy procedure, in order to protect constitutional civil rights and freedom, to realize the purpose of criminal.