Advocating the Concept of Stratum Structure of Criminal Proof
Crime proof is the core issue of criminal procedure.The theory of hierarchy structure originated from the theo-ry of crime has the character of integration,can rise to the conceptual consensus of procedural law and substantive law,and should be refined and advocated in the field of crime proof that practice precedes theory.Dialectical materialism,especially the law of negation of negation,is the philosophical basis of this idea.From objective to subjective is the methodological basis for this idea to condense the judicial truth.The judicial reform centered on trial is the system development of this idea,and the pro-gressive view of judicial power,procedural facts,and standard of proof is the direct guarantee of obtaining effective judicial knowledge.Under the guidance of practical wisdom,the concept of class structure of criminal proof should be self-renewed and become a solid foundation for legislation and system reform.
two argumentsproof of crimeclass structure conceptcentralism of trialjudicial truth
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