An Analysis of Free Proof in Court Trial of Guilty Plea Cases
The free proof carries multiple values to ease the rigidity of strict proof and balance individual rights and national interests.This proofing method can be applied to the court trial of guilty plea cases because it is consistent with the deliberative judicial characteristics of guilty plea cases,the court trial content with sentencing as the core,and the principle of evidential judgment should be loose in the court trial of guilty plea cases.But under the control of the legislative model of broad-brush outline type in our country,there are gaps both at the present and reality levels between the free proof in the judicial practice and legal norms.To optimize the way prove the effective application of court trial,in addition to the proof of guilt in the trial court free survey method and survey procedure and the applicable shape of subjective proof to be clear,it is still necessary to form a local optimization path to perfect the internal and external supporting conditions of the principle of trial independence,and establish the Chinese-style pre-trial evidence discovery system and strengthen the criminal judge's pre-trial examination duty under the trial procedure of guilty plea cases.
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