Procedural Justice and Criminal Evidence Law

Author: Shi Limei
Publisher:
Publish Date: 2003-10-01
Features: Litigation legal system is one of the important contents and symbols of modern rule of law, and it is an important guarantee for governing the country according to law. The construction of the litigation system is closely related to people's understanding and grasp of litigation principles, and a correct understanding of litigation principles is the prerequisite for the scientific development of litigation legislation. To attract more scholars of litigation law to dedicate themselves to the study of litigation principles, and at the same time to promote the study of litigation principles to have a positive impact on multiple fields such as legislation, adjudication, and theoretical research, the Research Center for Litigation Law at China University of Political Science and Law organized this editorial work. This book aims to study criminal evidence law from the perspective of procedure. The author has re-included procedural issues related to evidence, which were originally excluded by Anglo-American evidence law scholars, into the field of evidence law research. Although the research methods are outdated, they still have certain positive significance for the current criminal evidence legislation in China. The book is divided into five chapters: Criminal Evidence and Criminal Evidence Law, Justice and Procedural Justice, The Function of Procedural Justice in Criminal Evidence Law, The Value Choice of Procedural Justice in Criminal Evidence Law, and The Requirements of Procedural Justice in China's Criminal Evidence Law. Traditionally, China's evidence research has been overly focused on the instrumental value of evidence and evidence law, emphasizing their significance in clarifying the truth of cases. However, the author argues that the focus of China's criminal evidence law research should not be on scientifically studying how to discover the truth of cases, but on conducting value research on how to ensure that judicial personnel do not infringe on citizens' rights in the process of clarifying the truth of cases. This book explores whether procedural justice is a value of criminal evidence law, and whether it is the only value of criminal evidence law. It also elaborates on the basic theories of criminal evidence and criminal evidence law, including their concepts, requirements, and nature.