518 Evidence Science Vol.22 No / , , ~120

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1 517 * D A Discussions on proof of alibi. Lu Erqi, Law School of Xiamen University, Xiamen, Fujian Province Abstract It was just like a swan-imitating crow that set a defense obligation to the disclosure of alibi evidence established in the criminal procedure law in China in This renders a judgment possibly without legal regulation of common sense into a kind of procedural rules. "Alibi evidence" is directed to innocent, a kind of opinions as the whole, as well as the intermediary in the form. The concept develops the variety of forms and generic of evidence in theory. The rules have neither roots nor consequences. However, on one hand, under the background of official monopoly to evidence-collection in China, "alibi" defenses may not cause an ambush attack to the prosecution, also may be considered to be chicanery and unbelievable, and all forensic defense activities could be named as evidence when they were in conflux into a one-way proving activities by the prosecution; on the other hand, if the defendant did not fulfill his or her obligation to discovery of alibi evidence, although that cannot happen by defense instinct, there is no corresponding procedural punishment for the defendant. It is knowable that disclosure of the alibi evidence before the court in common law countries to seek the truth also could cause backfire. Therefore, proof of alibi in China only focused on the issue of evidence exchange to weaken the contest, and did not consider the premise of the defense ability of evidence collection and the responsibility of the prosecution idle at collecting evidence for objection to alibi. In this context, based on the principle of presumption of innocence, alibi defense is the right of the defendants and its early raising-up can prevent the endless errors made by the prosecution, and based on the principle of distribution of evidential burden, prosecutor bears an obligation to confirm alibi proof, with a requirement of positive verification and review. Key Words Alibi, Disclosure of evidence, Truth-seeking, Burden of proof, Self-incrimination * 2014B235 FLS(2014)A02

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13 529 DNA DNA (Charles Chatman) ( Roger Dean Gillispie) Jim Trainum, I took a false confession-so don't tell me it doesn't happen, ACLU of Northern California, com/showdiary.do? diaryid =3831; also, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, and Allison D. Redlich, "Police-induced Confessions: Risk Faclors and Recommendations", Publisbed online, p

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