Proceedings of the 2023 3rd International Conference on Modern Educational Technology and Social Sciences (ICMETSS 2023)

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The Relationship Between Criminal Procedural Law of Evidence and the Constituent Elements of Criminal Law

Authors
Jinke Li1, *
1Beijing Normal University, Beijing, China
*Corresponding author. Email: Ljk050528@163.com
Corresponding Author
Jinke Li
Available Online 15 October 2023.
DOI
10.2991/978-2-38476-128-9_51How to use a DOI?
Keywords
Criminal procedural law; evidence law; constituent elements
Abstract

Evidence is the factual basis for identifying a certain act as a criminal offense. From the current academic perspective and tendency, there is a significant disconnection between evidence and crime. Even in studies specifically focused on conviction, most tend to deliberately avoid the arduous task of factual determination and instead concentrate on legal application. However, conviction involves both factual evaluation and legal assessment, and the two aspects are complementary and cannot be neglected. No evidence can override facts and generate the function of legal application. Starting from issues related to factual determination and utilizing the theory of criminal constitutive elements as an analytical tool, deconstructing and analyzing China's theory of criminal evidence, and extending relevant theories of conviction to the scope of "criminal integration" theory, can provide useful references and insights for judicial practice.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 2023 3rd International Conference on Modern Educational Technology and Social Sciences (ICMETSS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
15 October 2023
ISBN
10.2991/978-2-38476-128-9_51
ISSN
2352-5398
DOI
10.2991/978-2-38476-128-9_51How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Jinke Li
PY  - 2023
DA  - 2023/10/15
TI  - The Relationship Between Criminal Procedural Law of Evidence and the Constituent Elements of Criminal Law
BT  - Proceedings of the 2023 3rd International Conference on Modern Educational Technology and Social Sciences (ICMETSS 2023)
PB  - Atlantis Press
SP  - 436
EP  - 441
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-128-9_51
DO  - 10.2991/978-2-38476-128-9_51
ID  - Li2023
ER  -