On the role of human evidence in the construction of the evidence chain

On the role of human evidence in the construction of the evidence chain

2. Opening report

I. Literature Review

2. Basis for topic selection

Through literature reading the study of small litigation procedures, personal evidence is a kind of evidence, and in criminal cases, there are corresponding supporting materials for the guilt or innocence of criminal suspects and defendants. For example, whether the witness's testimony is true and reliable when he testifies in court; Whether the facts of the case are forged or not. Therefore, in order to make the entire litigation process go smoothly, we must pay attention to the construction of the evidence chain and strengthen and improve the construction of relevant systems 1. It is conducive to improving judicial efficiency and quality With the rapid development of China's economy and the continuous improvement of people's living standards, people's awareness of the law is gradually increasing, which makes China's rule of law process gradually moving towards the right track. As a carrier of evidence, the testimony plays a crucial role in proving the facts of the case.

1.2 Literature review

The role of personal witnesses in the evidence system is mainly manifested in: First, the basic principles required for criminal litigation activities in China are expounded. The second is the system of burden of proof. Third, what kind of topics should be observed when the law stipulates that the criteria for determining facts and procedural requirements must be met to a certain extent in order to be adopted as a criminal suspect, defendant and other subjects of litigation that should bear the corresponding obligations and when presenting evidence that cannot establish a valid defense opinion? The fourth point is the concrete embodiment of its role in the chain of evidence, such as: "Through the analysis of some important cases, we can better understand the burden of proof system." The fifth point is that in the construction of the chain of evidence, there must be a certain legal basis for it to play a role. Witness is an important and special method of proof. It mainly includes: First, the questioning of the parties. Second, according to the case situation and needs to ask questions and answer questions; Third, provide the appraiser with relevant materials or clues and make corresponding statements and opinions, etc.; Finally, other purposes such as the exchange of evidence can also be achieved through judicial procedures, such as the formation of litigation documents in court or the provision of evidence to support prosecution, which can be achieved through judicial procedures. In China, although the relevant laws and regulations on the construction of the evidence chain have been relatively perfect, they are still far from reaching the mature stage for the witness. This is also one of the reasons for some problems in practice: first of all, it is due to the lack of corresponding supporting measures and institutional guarantees; Secondly, there are currently no clear provisions on litigation efficiency, fairness and justice in China, resulting in a certain degree of waste of time and costs.

1.3 Innovations in the paper

Through the analysis of the role of witnesses in the construction of the evidence chain, we can find that China does not attach great importance to how to play this role well. This paper mainly puts forward some suggestions from the perspective of both theory and practice. On the one hand, it is about the influencing factors played by the testimony in terms of the ability to prove it; On the other hand, it is to discuss and summarize the problem of the way to achieve this function and the solution measures, etc. The author believes that first of all, it is necessary to strengthen the construction of the legal system in the evidence collection link, strengthen the construction of government functions and improve the relevant legislative work, etc., and secondly, to improve the existing legal system in China from the existing national conditions of our country, and finally put forward our own relevant opinions on how to realize the role of personal evidence in the construction of the evidence chain.

1.4 Organization of the paper

1. Through the analysis of relevant literature at home and abroad, this paper understands the role of human witnesses in the evidence, and summarizes and summarizes them; 2. Explain and make suggestions on the current situation and existing problems in China's judicial practice work. 3. Combine existing laws and regulations, theoretical foundations, and social development trends to elaborate and improve China's witness testimony system. It mainly includes: (1) strengthening legislative construction and law enforcement supervision; (2) establishing and improving witness protection mechanisms and related supporting measures to improve the legal awareness of witness protection; (3) improving China's securities inspection institutions and improving relevant supporting measures. 3. The paper analyzes the role of human witnesses in the use of evidence, and puts forward corresponding suggestions and countermeasures.

Third, feasibility analysis

Regarding the feasibility analysis of this meeting, I mainly made the following explanations:

The role of China's personal evidence in the use of evidence was analyzed, mainly including three aspects: First, improve the laws, regulations and theoretical basis; The second part makes recommendations from the legislative, law enforcement and judicial perspectives. The third part is to expound the problems existing in China's witness testimony system from the legislative level. 3. Make suggestions for improving the witness testimony system in China. In the process of research, this paper refers to a large number of relevant theories and relevant legislative experiences on the role of human witness and foreign countries. The author believes that first of all, from the level of laws and regulations, what causes witnesses to appear in court. Through a review of the literature, it is found that the concept of "evidence" is not clearly defined; Secondly, from the perspective of law enforcement, it expounds how to ensure that the parties have a full right to know about the litigation participants, a certain degree of understanding of the allocation of the burden of proof, and what rules and procedures judges should follow when applying these professional knowledge in judicial practice. Finally, from the judicial point of view, China's current laws and regulations on witness protection are not perfect, and judges do not have a thorough understanding of the concept of "evidence". Therefore, this article believes that corresponding specific norms should be formulated as soon as possible to restrain investigators and relevant acts of appearing in court to testify.

Expected accomplishments

In the course of research, through the analysis of China's witness protection system, this paper proposes to improve China's testimony rules and improve the level of judicial practice.

In summary: When analyzing the role of witnesses, this paper first proceeds from the legal point of view, and through research, it is found that there are problems such as imperfect legislation, insufficient law enforcement, and low quality of judges in judicial practice in China's current witness protection system. At the same time, it also put forward the need to strengthen the construction of the legal system to solve these problems accordingly. Finally, corresponding countermeasures are proposed for the current situation of witness protection and judicial practice in China.

5. Outline of the thesis

Chapter 1 Introduction

1.1 Raising of questions

1.2 Literature Overview

1.3 Structure of the paper

Chapter 2: The Basis of the Role of Witnesses in the Construction of the Evidence Chain

2.1 Theory of the role of human witnesses in the construction of evidence chains

2.2 Institutional construction of personal witnesses in the construction of the evidence chain

2.3 The practice of witnesses in the construction of evidence chains

2.4 Revelation of witnesses

Chapter 3: Analysis of the Role of Witnesses in the Construction of evidence Chains

3.1 Significance of the role of witnesses in the construction of the evidence chain

3.2 Methods for the role of witnesses in the construction of evidence chains

3.3 Factors influencing the construction of the evidence chain

3.4 The framework of the role of witnesses in the construction of the evidence chain

Chapter 4: Mechanisms of Action in the Construction of Evidence Chains

4.1 Role in the construction of the chain of evidence

4.2 Subjects in the construction of the chain of evidence

4.3 Objects in the construction of chains of evidence

4.4 Chain of Evidence Behavior

Chapter 5 Recommendations for the Establishment of a Legal System for Human Witnesses in China

5.1 Principles for constructing a personal witness system

5.2 Establish evidence methods for witnesses

5.3 Improve the legal effect of China's legal system of human witnesses

Chapter 6 Conclusion Speaker:

Published: December 9, 2020

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