“两个证据规定”对反贪工作的影响与对策法律专业论文.docxVIP

上海交通大学硕士学位论文 上海交通大学硕士学位论文 ABSTRACT 万方数据 万方数据 INFLUENCE AND COUNTERMEASURES OF THE “TWO EVIDENTIARY PROVISIONS” FOR ANTI-CORRUPTION ABSTRACT Evidence is an important part of the system of criminal litigation. Investigation and evidence collection is the emphasis of the reconnaissance department. The anti-corruption cases have the particularity to distinguish it from other criminal cases and investigation and evidence collection have more special requirements. Provisions on the investigation and evidence collection in the current Criminal Procedure Law in China can not meet the actual needs of the investigation department, especially the anti-corruption departments. Based on the national conditions, the existing legal provisions and judicial interpretations, The two pieces of evidence provisions, which draws on the latest thinking of the common law and civil law the law of evidence, proposes some useful rules. The introduction of the two evidentiary provisions is the significant development of our criminal procedural system and evidence system. It relates to the overall architecture of Chinas Criminal Procedure Law and some of the content has been applied II to the new amendments to the Code of Criminal Procedure. There are many drawbacks in the traditional anticorruption investigation in China, the investigative mode, the quality of personnel and the level of law are far from the standard. Based on the reality of the anti-corruption work, this article will discuss the progressive significance of “the provisions of the two pieces of evidence”, and focus on the 5 following aspects: the impact on the traditional anti-corruption work, evidence identified before filing, the legality of the oral evidence, the legality of the physical evidence, the admissibility of the defective evidence. The reform and countermeasures of the anti-corruption work will also be recommended in the last part of the article. Key words: two evidentiary provisions; anti-corruption; influence an