In addition to primary facts, a case comprises indirect facts that lead to primary facts, supplementary facts (also referred to as auxiliary facts or evidentiary facts) which are used to examine the competence and weight of evidence, and procedural facts.
By analyzing the definition and original word meaning of the object of criminal procedure and using the theories of litigation aim,litigation construction and litigation act to study the object of criminal procedure,we can find the object of criminal procedure is substantive and procedural facts which have legal meaning and substantive and procedural laws which should be applied.
Comparing to the fact that the judicial censor system is brought into effect in countries of civil law system, and the procedure facts have been confirmed as procedural object, the judicial censor system is not brought into effect in our country and the procedure facts are merely regarded as procedural object in limited range, that is in the procedure of censoring to determine arrest or not.
The nature of the burden of proof in administration litigation is a kind of legal liability and shall be born by the defendant.The objective of proof includes substantive facts and procedure facts and the content of proof includes basis of facts as well as basis of regulatory documents.In case that the party which takes the burden of proof fails to provide evidence,then he shall bear the legal liability of losing the lawsuit.
Present main viewpoints about the content of the object of criminal procedure in China are open to discussion.By analyzing the definition and original word meaning of the object of criminal procedure and using the theories of litigation aim,litigation construction and litigation act to study the object of criminal procedure,we can find the object of criminal procedure is substantive and procedural facts which have legal meaning and substantive and procedural laws which should be applied.The object of crimin...