| 英文摘要 |
The witness testfying in court is the basic requirement of the modern criminal system, especially in the case of confrontation litigation the prosecution and the defense lead evidence investigation, which requires the witness to appear in court to carry out the court investigation effectively. In the litigation structure that emphasizes the appearance of a witness in order to carry out the hearsay evidence rule or the principle of direct verbal speech, the method of human evidence not only reflects the evidence of the words, but also reflects the important role of the witness investigation. Although it is of great significance for the witness to appear in order to achieve the basic objectives of the criminal procedure law, it does not mean that all witnesses in the criminal proceedings must appear in the court. Only if there is any doubt or controversy advanced by the prosecution and the defense in the testimony provided by witness, it is necessary to ask the witness to appear before the question is clear. Although the reform of making criminal trials substantive, to some extent, prompts the appearing in court of The ejusdem generis rules originated from the legal interpretation system of Anglo American legal system, and attracted the attention of the academic community after they were introduced into the field of criminal law in China in the 1980s. The ejusdem generis rules of criminal law in China have roughly gone through four stages: real and unknown, initial concern, local initiation, and in-depth research. However, there are also deficiencies in the study of systematization, ontology, and standardization. It is a misunderstanding in the study of ejusdem generis rules of criminal law to use the rules to analyze specific words, to identify aggravated crimes or aggravating circumstances, and to distinguish between different crimes. The application occasions (conditions) of the ejusdem generis rules of criminal law should be limited to the same criminal law provisions, and "similar" elements can be summarized from the matters listed in the same criminal law provisions, and distinguished from the same interpretation, the same interpretation, and the same nature interpretation in a broad sense. From the perspective of system positioning, the ejusdem generis rules of criminal law are the lower concept of the interpretation of criminal law system, and their application is a process of integration of multiple interpretation methods. From the perspective of basic attributes, the ejusdem generis rules of criminal law is a neutral rule of legal interpretation. The rule itself does not have the value attribute of limitation or expansion, nor does it have the subject requirement of strict limitation. From the perspective of value orientation, the ejusdem generis rules of criminal law contribute to the realization of the principle of a legally prescribed punishment for a specified crime at the judicial level. The analogy method used in the operation process not only highlights the logical relationship in legal reasoning, but also maintains the binding force of logic on the reasoning process. The principle of equal treatment and the concept of justice it follows are the adherence to and maintenance of the basic principle of equality in criminal law. It ensures the substantial rationality and legitimacy of the conclusion of criminal law interpretation. |
