【正文】 必須是具有相當法律知識的專業(yè)人員。此外，根據(jù)程序法治原則，在刑事訴 訟過程中，對于那些涉及訴訟雙方切身利益的事項作出有關裁決，不僅要求裁決的主體在雙方之間保持中立，而且在具體的程序上應當允許當事人參與其中，從而具備正當性。因此，對可采性的判斷非經(jīng)法官主持、當事人參與進行的審判程序不足以確定。而在審前階段，還不具備判斷證據(jù)是否可采的條件。既然如此，那么，要求審前階段用作裁判根據(jù)的證據(jù)具備合法性，顯然是不切實際的。 需要指出的事，與證據(jù)的可采性不同，證據(jù)的關聯(lián)性反映的是證據(jù)與案件事實之間存在的內在聯(lián)系，這是證據(jù)本身所固有的屬性，是一個根據(jù)邏輯與理性即可 加以判斷的問題，因而在訴訟的各個階段均有條件要求相應的主體加以判斷并據(jù)此作出相應的處理，包括在審前階段。因此，在證據(jù)必須具有關聯(lián)性這一問題上，審前階段的證據(jù)與定案證據(jù)不應有所區(qū)別。 國內電視大學學生交流社區(qū)，提供學習資料下載，交流，電大就業(yè)指導等。 )x5](D)E,Vamp。O1EI/s6E 此外，控辯雙方的質證也并非在審前階段采納證據(jù)的必經(jīng)程序。這一方面是因為在審前階段進行的訴訟活動，特別是偵查活動，要求具有一定的保密性，因而不可能對所有的證據(jù)實行公開的對質程序。另一方面也是因為對于審前階段適用的證據(jù)并不要求 其具備可采性，因而無需對之進行嚴格的審查。同時，這種對對方質證權的限制也與在審前階段采取的措施對辯方只有有限的影響相適應。以下，筆者僅從證據(jù)裁判原則的角度出發(fā)，就我國設立與完善判決理由說明制度提出幾點建議。筆者認為我國在設立相關制度時，應從以下三個方面入手： 首先，我國立法應當明確規(guī)定，裁判，包括判決與裁定，應當附具理由。其中，必須明確說明據(jù)以認定有關事實的證據(jù)。 國內電視大學學生交流社區(qū)，提供學習資料下載，交流，電大就業(yè)指導等。 7F7},\ U*Xu$h9U:P 其次，從反面著眼規(guī) 定，裁判中如未說明據(jù)以認定事實的證據(jù)或者在裁判中載明的證據(jù)不足以支持裁判中認定的事實，視作為無證據(jù)裁判。 *L1{ 最后，明確規(guī)定無證據(jù)裁判在程序法和實體法上的后果。考慮到我國目前的實際情況，筆者認為，在這一問題上，應將重點放在對法官違法的責任追究。當然，這又須以不斷提高法官的素質為前提。 請您刪除一下內容， O(∩ _∩ )O 謝謝?。?！【 China39。s 10 mustsee animations】 The Chinese animation industry has seen considerable growth in the last several years. It went through a golden age in the late 1970s and 1980s when successively brilliant animation work was produced. Here are 10 mustsee classics from China39。s animation outpouring that are not to be missed. Let39。s recall these colorful images that brought the country great joy. Calabash Brothers Calabash Brothers (Chinese: 葫蘆娃 ) is a Chinese animation TV series produced by Shanghai Animation Film Studio. In the 1980s the series was one of the most popular animations in China. It was released at a point when the Chinese animation industry was in a relatively downed state pared to the rest of the international munity. Still, the series was translated into 7 different languages. The episodes were produced with a vast amount of papercut animations. Black Cat Detective Black Cat Detective (Chinese: 黑貓警長 ) is a Chinese animation television series produced by the Shanghai Animation Film Studio. It is sometimes known as Mr. Black. The series was originally aired from 1984 to 1987. In June 2021, a rebroadcasting of the original series was announced. Critics bemoan the series39。 violence, and lack of suitability for children39。s education. Proponents of the show claim that it is merely for entertainment. Effendi Effendi, meaning sir and teacher in Turkish, is the respectful name for people who own wisdom and knowledge. The hero39。s real name was Nasreddin. He was wise and witty and, more importantly, he had the courage to resist the exploitation of noblemen. He was also full of passion and tried his best to help poor people. Adventure of Shuke and Beita【舒克與貝塔】 Adventure of Shuke and Beita (Chinese: 舒克和貝塔 ) is a classic animation by Zheng Yuanjie, who is known as King of Fairy Tales in China. Shuke and Beita are two mice who don39。t want to steal food like other mice. Shuke became a pilot and Beita became a tank driver, and the pair met accidentally and became good friends. Then they befriended a boy named Pipilu. With the help of PiPilu, they cofounded an airline named Shuke Beita Airlines to help other animals. Although there are only 13 episodes in this series, the content is very pact and attractive. The animation shows the preciousness of friendship and how people should be brave when facing difficulties. Even adults recalling this animation today can still feel touched by some scenes. Secrets of the Heavenly Book Secrets of the Heavenly Book, (Chinese: 天書奇談 ) also referred to as Legend of the Sealed Book or Tales about the Heavenly Book, was released in 1983. The film was produced with rigorous dubbing and fluid bination of music and vivid animations. The story is based on the classic literature Ping Yao Zhuan, meaning The Suppression of the Demons by Feng Menglong. Yuangong, the deacon, opened the shrine and exposed the holy book to the human world. He carved the book39。s contents on the stone wall of a white cloud cave in the mountains. He was then punished with guarding the book for life by the jade emperor for breaking heaven39。s law. In order to pass this holy book to human beings, he would have to get by the antagonist fox. The whole animation is characterized by charming Chinese painting, including pavilions, ancient architecture, rippling streams and crowded markets, which fully demonstrate the unique beauty of China39。s natural scenery. Pleasant Goat and Big Big Wolf【喜洋洋與灰太狼】 Pleasant Goat and Big Big Wolf (Chinese:喜羊羊與灰 太狼 ) is a Chinese animated television series. The show is about a group of goats living on the Green Pasture, and the story revolves around a clumsy wolf who wants to eat them. It is a popular domestic animation series and has been adapted into movies. Nezha Conquers the Dragon King（ Chinese: 哪吒鬧海） is an outstanding animation issued by the Ministry of Culture in 1979 and is based on an episode from the Chinese mythological novel Fengshen Yanyi. A mother gave birth to a ball of flesh shaped like a lotus bud. The father, Li Jing, chopped open the ball, and beautiful boy, Nezha, sprung out. One day, when Nezha was seven years old, he went to the nearby seashore for a swim and killed the third son of the Dragon King who was persecuting local residents. The story primarily revolves around the Dragon King39。s feud with Nezha over his son39。s death. Through bravery and wit, Nezha finally broke into the underwater palace and successfully defeated him. The film shows various kinds of attractive sceneries and the traditional culture of China, such as spectacular mountains, elegant sea waves and exquisite ancient Chinese clothes. It has received a variety of awards. Havoc in Heaven The story of Havoc in Heaven（ Chinese: 大鬧天宮） is based on the earliest chapters of the classic story Journey to the West. The main character is Sun Wukong, aka the M