From An Ethical Perspective To Examine The Criminal Evidence System

The legal system contains the ethical factors, no matter what form it present. The Criminal Evidence System as an important part of the national legal systems, of which the main value is to confirming and qualifying the criminal evidence and adjusting and restricting on actions of criminal evidence. In order to play their rightful role in the legal system and displaying their moral vitality, as the same as others legal systems, it must be defended and supported in ethics.Overall, the ethical basis of the criminal evidence system is nothing less than the word "justice", which is the conclusion by examining the origins of criminal evidence and analysis of its functional content. There are three types of systems in the history of human as fellow:Evidence System of God Shows, System of Legal Evidence and Free Evaluation of Evidence. The support of these three types of the Criminal Evidence System in the ethics are the justice of God, the people of justice, and the judge justice, from which we can find the Criminal Evidence System and justice are related in original. From the function-connotation of criminal evidence system, it can be obtained through rational analysis:Criminal Evidence System should be based on justice for the main value as the orientation. Justice has a very important moral significance in terms of the Criminal Evidence System, however, due to the limitations of the value of diversity and utilitarian justice costs and other ethical values of justice so that the Criminal Evidence System of justice is a limited justice. If use the Rawls'"two principles of justice "as the original theory and analysis standards. Only when we make sure that the Criminal Evidence System is under the guidance of the justice value, and using it to prove the legal facts and to maintain the human dignity and to restrict the misconduct, so that it has the rational legitimacy.With the rapid development of the justice of civilization, the basic principle of the Criminal Evidence System was changed from the proof to the admissibility. Modern Criminal Evidence System is built based on the principle of admissibility. The so-called admissibility is a character that the criminal evidence is permitted by law as the final decision. The situation has changed by principles of admissibility,of which criminal evidence system to detect cases of true as the only "good" value in process for pursuing of justice, but also taking the care of other moral values into account. The principle of the admissibility of criminal evidence system not only embodies the substance of the requirements of justice, which can be established to prove the conclusions of moral certainty, but also it contains the form of the requirements of justice, which can ensure the legitimacy of the evidence acts. The principle of admissibility of the Criminal Evidence System has focused on the moral requirements of the criminal evidence system actors. For criminal evidence provided, it shall adhere to due process of moral responsibility; for the defense of criminal evidence it has any confession of moral rights; for criminal evidence admissible, must remain neutral, which is due the moral dimension.Criminal evidence system is a system of arrangement, which is superimposed by a number of specific rules of evidence to building the organic combination. Chinese current system of criminal evidence is missing and lacking on specific rules, specifically in investigative techniques in the use of technology to obtain evidence, silence, relatives hidden, and occupational Immunity from excluding illegally obtained evidence, as for the historical or practical reasons. The article on the morality of the criminal rules of evidence were analyzed from the ethical dimensions of interpretation of how to deconstruct and design of specific criminal rules of evidences.I hope from the perspective of applied ethics to advocating for improving China's criminal evidence system.The rationality of practice was fully demonstrated by using of technical investigative techniques to obtain evidence to in the criminal justice field, at the same time, there is a meeting of moral rationality of social defense capabilities. But the use of technical investigative techniques to obtain evidence of personal privacy rights may constitute a potential threat. Therefore, it is necessary to meet the "abide by the national moral responsibility" and "reasonable to respect citizens' privacy point of view of two levels of moral demands, in particular, to overcome the heavy national moral light personal righteousness "moral deviation, the specification investigative techniques to obtain evidence of acts of moral purpose, to protect citizens' privacy.Undoubtedly, the right to silence has a value which is able to ensure the citizens escaped from unfair against. The moral significance of the right to silence is based on the maintenance of human dignity. However, in our collective standard coordinate system of moral values, the right to silence it seems difficult to get the moral identity. We should learn from the Western individual-based values and moral justification defense to establish the right to silence at the same time, adhere to the collective-based moral principles to explain the legitimacy of the right to silence restrictions.Relative's implicit ethical origin of the rule in the West is not the same. The ancient Chinese relatives implicit rules is "the main emphasis on maintaining family to family relations, is the emergence of the paradigm of a moral obligation; Western Concealment rules are" the main emphasis on the protection of fundamental human rights, is a moral right to exist. However, both in ancient China or the West, relative's implicit moral connotation is the care of the family of human relations and safeguards the good of humanity. In modern society, the right to silence is a right to the border. Its moral boundary is:not "pro-love""love" devaluation, the severing of major non-issue should not be "relative get and Hide" and "kiss relative to the first anonymous" equal with. China adhere to ethical boundaries on the basis of the moral sentiments and moral standards of the vast majority of people in accordance with the ethical standards of the "human", and the Legislation of the relatives hidden.The career of Immunity intended to protect the moral relationship is the social relationship of trust essential to the expert system. These special relationship of trust with extraordinary moral values, whether from a utilitarian theory, or from a deontological perspective can draw the same conclusion. China's social credit system, especially the lack of a solid social foundation trust in the expert system in the establishment of occupational exempted from regulation on this issue, must not act in haste, but should be from an ethical environment to cultivate and legislative two-pronged approach to reserve space in the system of criminal evidence system.In accordance with due process, the distinction between legal evidence and illegally obtained evidence, it has a moral practical significance. Illegally obtained evidence from these two aspects of "crimes against personal law of faith" and "harm the national respect for the law to show the nature of evil ". The moral values of the illegal evidence exclusion rule is that the arrangements to maintain the conscience of the individual and society that should have a punitive system. While our country has cleared that illegal evidence exclusion rules, but there are still inadequacies. Therefore, it is necessary to advocating for the Improvement of illegal evidence exclusion rules from the perspective of ethics.