Research On Criminal Evidence

Being the most fundamental and important category in the field of criminal action, evidence makes good grounds for finding facts of case and imposing criminal liabilities. However, opinions vary in some basic theories: What is evidence? How about the relationship between evidence and facts? Why can evidence be applied to testifying facts of case in criminal cases? Is a fact of case proved by evidence a legal fact or an objective one? What constitutes the forms of evidence? It will be a great help to legislation, justice and study of procedural law to research into and answer the above questions.Taking the factual information of criminal cases as the logical clue, this paper tries to apply the factual information to analyzing evidence of criminal action and reconstructing the theoretical system of criminal evidence law.This paper includes two sections. Given the name of general introduction to criminal evidence, section one with four chapters is about the researches on the basic theories in criminal evidence. Looking into the relationship between evidence and facts of case, evidence and factual information of case, factual information and facts of evidence and so on, the author attempts to construct the theory of factual information on the basis of factual information in criminal cases and apply it to re-analyzing the attributes and the basic characteristics of criminal evidence, investigating how criminal evidence can testify facts of case and classifying the forms of criminal evidence again. The author hopes that this paper can answer or at least be conducive to answer the following significant theoretical questions about criminal evidence: What is criminal evidence? What can serve as criminal evidence?Consisting of four chapters, section two researches into diverse criminal evidence, which includes its concept, classification, collection, application and finding. On the ground of the theory of factual information mentioned in section one, studies on the forms of real evidence, documentary evidence, witness and litigants in this section differ greatly from the traditional evidence theory.More comes chapter one observing the relationship between fact and evidence.Instead of objective existence absolutely separating itself from people's subjective knowledge, the fact belonging to a basic concept of law and philosophy refers to people's proper understanding of present objects. Criminal action aims to investigate the accomplished facts of case, such as who committed the offense and which crime was committed. Facts of case about a crime are composed of essentials constituting a crime that are stipulated in criminal law, while the essentials consist of other exact facts. Therefore, investigating facts of case is not only the main task of criminal action but also the premise of applying criminal law to penalizing crimes.However, being not a fact but a foundation of verifying facts of case, evidence used to ascertain facts of case must be objective existence totally being divorced from people's subjective knowledge. Therefore, evidence is unequal to fact, and it only makes the ground that the accuser and the defender make collection and presentation, and testify their respective claims. It depends on careful investigation and deliberation whether evidence can be applied to verifying facts of case.Chapter two renders the theory of factual information in criminal cases. Information is not only the basic property and the existing form of motion of matter, but also the objective reality separated from people's subjective desire. It can eliminate or lessen the uncertainty of people's understanding. Reflecting accomplishment and existence of facts of case, factual information of facts of case must have survived in the criminal cases. Serving as the information source, any fact of a criminal case will transfer factual information of facts of case to a certain object or people that will store or recite it. Some factual information must have been kept so long as the fact happens.Verification of facts of case in cri...