Evidence Law Theory and Empirical Analysis: Case Comments on Judicial Decisions (I): Case Comments on Judicial Decisions

Author: Luo Xiaoqi
Publisher:
Publish Date: 2004-02-01
Features: Evidence is the foundation of judicial adjudication, and evidence law is a concentrated embodiment of the rules of evidence-based adjudication. This book analyzes the case of Zhang Yingyao's traffic accident charge, discussing the legal nature and origin of judicial cognition rules, the legal nature of the traffic accident liability determination, as well as issues arising from the case, such as the prosecutor's specific criminal power, the criminal victim's right of appeal, and the advocacy for establishing a mandatory criminal liability system for automobile transportation, etc. In the analysis of Dong Jinming's charge of corruption and bribery, the book focuses on the non-arbitrary confession rule under the exclusion of illegal evidence rule, the exclusion rule for illegal search and seizure, as well as the hearsay rule and the defendant's confession rule. It particularly raises questions about the definition of corruption in the current Chinese Criminal Code, specifically regarding the phrase "with the purpose of possession." Through case-by-case analysis, this book aims, on the one hand, to promote the culture of evidence and advocate evidence-based logical thinking; on the other hand, to open up a new field of case law research in the vast garden of Chinese legal studies, contributing to the realization of a well-off society in all respects, including judicial civilization.