2009Unpublished venueRequires access

Comparison of the Criminal Evidence System between Taiwan and Mainland China

Nannan Liu

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Abstract

Evidence system refers to the system of rules regulated by law on the criterion of competence,collection and judgment of evidence during the criminal procedure,which is a significant part that needs to be perfected urgently in mainland China.In recent years,Taiwan has reformed its criminal procedure system from the inquisitorial system of continental law to the eclecticism system by adopting the achievements of adversary system of the common law.Consequently,its criminal evidence system became both characteristic and mature.Comparative study on the legislation situation,the rules and judgment of the criminal evidence shows that enormous differences are highlighted between Taiwan and Mainland China,which can offer Mainland China a feasible approach on how to prefect the criminal evidence system.

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What this paper is about

Evidence system refers to the system of rules regulated by law on the criterion of competence,collection and judgment of evidence during the criminal procedure,which is a significant part that needs to be perfected urgently in mainland China.In recent years,Taiwan has reformed its criminal procedure system from the inquisitorial system of continental law to the eclecticism system by adopting the achievements of adversary system of the common law.Consequently,its criminal evidence system became both characteristic and mature.Comparative study on the legislation situation,the rules and judgment of the criminal evidence shows that enormous differences are highlighted between Taiwan and Mainland China,which can offer Mainland China a feasible approach on how to prefect the criminal evidence system.

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Available abstract

Evidence system refers to the system of rules regulated by law on the criterion of competence,collection and judgment of evidence during the criminal procedure,which is a significant part that needs to be perfected urgently in mainland China.In recent years,Taiwan has reformed its criminal procedure system from the inquisitorial system of continental law to the eclecticism system by adopting the achievements of adversary system of the common law.Consequently,its criminal evidence system became both characteristic and mature.Comparative study on the legislation situation,the rules and judgment of the criminal evidence shows that enormous differences are highlighted between Taiwan and Mainland China,which can offer Mainland China a feasible approach on how to prefect the criminal evidence system.

Key concepts: Mainland China, China, Criminal procedure, Legislation, Criminal investigation, Criminal justice, Law, Adversary

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