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CN 51-1675/C

YU Jia-zhen. On Construction of Evidence Acceptance Mechanism Featured with "Separation of Investigation and Trial"—Against the Backdrop of Trial Centered Judicial Reform[J]. Journal of Xihua University (Philosophy & Social Sciences) , 2017, 36(2): 56-62.
Citation: YU Jia-zhen. On Construction of Evidence Acceptance Mechanism Featured with "Separation of Investigation and Trial"—Against the Backdrop of Trial Centered Judicial Reform[J]. Journal of Xihua University (Philosophy & Social Sciences) , 2017, 36(2): 56-62.

On Construction of Evidence Acceptance Mechanism Featured with "Separation of Investigation and Trial"—Against the Backdrop of Trial Centered Judicial Reform

  • "Trial centered" judicial reform tries to solve the problems of "fact-finding" and "law application" in the court hearing so as to end the public accusation of trial formality. Evidence acceptance mechanism featured with "separation of investigation and trial" should be constructed in the "trial centered" judicial reform. From lawsuit registration to investigation, evidence acceptance standard should be "tolerant on input strict on output"; In the process of trial, the formal evidence acceptance approach featured with focus on evidence collected during investigation should be transformed into a real evidence acceptance approach featured with focus on evidence proved during the court cross-examination; Meanwhile, when the simplified procedure is employed, the standards of proof in trial should, instead of being weakened, be upheld to guide the process and sources of evidence collection in pre-trial procedures.
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