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The 1st Procuratorial Practice Forum: The comprehensive judgement and application of criminal evidence under the trail-centered system

At 8am on March 8th, 2018, the 1st Procuratorial Practice Forum, which was organized by the Evidence Teaching and Research Office of Renmin University of China, was successfully held in Room 708 of Mingde Law Building. Professor Yang Yingze, assistant dean of the national prosecutor¡¯s college and Liu Xiaodan, assistant director of the evidence identification center at Renmin University of China, attended the meeting.

The theme of this Procuratorial Practice Forum is the comprehensive judgement and application of criminal evidence under the central system of trail. Using ¡°Decisions of the Central Committee of CPC on Comprehensively Advancing several major issues concerning the rule of law¡± passed on The Forth Plenary Session of the Eighteenth CPC Central Committee as the breakthrough point, lecturer Yang Yingze emphasized that the reform of the trail-centered lawsuit system helps to solve the current problems which restrict the criminal judicial justice. It is not only the inevitable requirement of obeying the litigation law and judiciary, but also the only way to strengthen the judicial guarantee of human rights. Prof. Yang also put forward to correctly understand the scientific connotation of trail-centered, which neither simply means court-centered, nor means trail or evidence-centered. Its essence is supposed to be put judicial standards in the central place in the process of litigation.

Later on, Prof. Yang shared with the students the judgement and application of criminal evidence from three aspects. The first one is the legal basis of comprehensively reviewing and applying criminal evidence, including the fifth chapter of the Criminal Procedure Law ¡°Evidence¡± and the explanation from supreme people's court about the application of the Criminal Procedure Law of the People's Republic of China, the fourth chapter "Evidence" section one "General Rules" and section nine ¡°the Comprehensive Review and Utility of Evidence¡±. Besides, Prof. Yang concretely introduced the case facts that should be proofed by evidence, guilty-recognized standards and conditions and the proof ability and probative value of several kinds of special evidence.

The second one is the method of comprehensively reviewing and using criminal evidence, the user of which should fully consider the relevance, validity, authenticity and sufficiency of evidence, comprehensively compare evidence in the entire case, pay attention to the contradiction between the evidence, rationally analyze and carefully investigate the cause of the contradiction rather than inferring randomly. Prof Yang also argued that the idea of lowering the standard of prosecution is debatable.

The third aspect is to use evidence in the entire case, including direct and indirect evidence to determine the case facts. The review focus of direct evidence is whether the content reflected by the evidence is true. If using indirect evidence to prove the defendant guilty, a series of conditions must be satisfied, such as verification of the evidence, mutual support between evidence and a complete proofing system formed by case evidence. if using evidence in the whole case to prove the defendant guilty, the prosecutor must accurately understand the meaning of eliminating reasonable doubt, which is not to eliminate all doubt but to attach importance to all involved in the case. As to the question of what is "reasonable¡± doubt, it requires the judge's logic reasoning and rule of thumb to determine. If the reasonable doubt cannot be eliminated, although the defendant has a large suspicion, a verdict of innocence must be made. Judgement that leaves room is forbidden just because of the pressure from the victim party, media and society.

In the reviewing part afterwards, teacher Liu Xiaodan summarized the content of the lecture and pointed out that according to the content in textbook Evidence Law, single evidence cannot be judged in isolation. The three property of evidence penetrates into each other and should be judged comprehensively.

In the question part, the present students proposed their own questions from the aspect of whether the standard of pleading should be differentiated in the quick verdict process and whether to build the progressive standard from the end of examination to the review of prosecution. Prof. Yang Yingze answered the question patiently and carefully, which made the students understand the content more deeply and benefit a lot. At the end of the lecture, Prof. Yang and teacher Liu Xiaodan took a photo with the students present, and this is the end of the 1st Procuratorial Practice Forum.

(Editor: Qu Yinsheng)

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