Contract Of Criminal Evidence

As an important social phenomenon and a form of system which adjust the sociol relations,contracts are the important research aims and analysis methods in the sociology,the politics,the philosophy,the economics and the science of law.In the field of science of law,contract is not only specialized belong to civil law,but also application to the public law such as the constitution,administrative law,procedure law and criminal evidence law.The spirit of contract is not only identical with the legal value of justice,human right and efficiency which shall be undertaking by criminal procedure law and criminal evidence prvoe and the aim of restore the relationship which have been destroyed by the criminal acts through judicial harmony in order to realize the social harmony.How to develop the cooperation between the prosecution and the defendent through negotiation and compromise during the proceedings in collecting,producing and examining of evidence,in order to realize the task of proving and settling the criminal dispute,which has been a great issue of the theories of criminal evidence law.This paper use the visual angle of criminal evidence field and contract method to analysis subjects's interest weighting and chess contest during the proceeding in collecting,producing and examining of evidence to analysis and prove the legitimate,necessity and possibility of the system and theory which the prosecution and the defendent cooperating through negotiation and compromise to arrive at agreements involving collection of evidence,proof of matters and admissibility.There are three parts in this paper.The first part is introduction.The secend part is about documents of contract in the field of criminal evidence, involving four basic theory itms,that is,the general idea,basic principle, theory basment and legal limitations.The third part is about analysising the form about the contract of criminal evidence which including the contract about method of proof,contract about collection of evidence,contract about proof of matters and contract about admissibility.The author use Marxist dialectics and legal view of deliberative contract as fundamental analysis methods,at the same time,make use of field theory and deliberative democracy theory to prove the contract system in the field of criminal evidence.The criminal evidence field which formed by social benefitial relationship about the criminal evidence is the fundation of the criminal evidence contract system.The "criminal evidence field" is composed of the subjective "habitus",the objective"space" that made up of the social benefitial relationship and the "territory" that composed of criminal evidence procedures and legal system.This field composed by six essential factors,that is,subject,time,space,procedure, capital and relationship.The contract of criminal evidence relies on the negotiated procedure mode and the cooperative prove mode.The criminal procedure mode and the criminal prove mode may transform from singl adversarial to equivalent between adversarial and cooperation.The cooperative prove mode is an system which is an agreement litigation parties about evidence admission,consent proof contract,collection of evidence,proof of matters and probative force in order to push the procedure and produce substancial effect to establish the suit facts's identity.There are many important differences between the adversarial prove mode and the cooperative prove mode such as the construction of prove,system fundmental,prove method, the fashion of burden of proof,etc.The contract of criminal evidence has very important values to promoting the litigation parties's objective status and equality,to ensure criminal judicial justice,to enhance judicial efficiency and to push the legislation of criminal evidence law and the justice of the judiciary enforce the law.The criminal evidence contract indicates the spirits of contract including liberity,democracy,rights,harmony and tolerance which have many science theories to be suported such as political science,ehtics,social, culture and science of law.There is a variety of the contract of criminal evidence that fall into four categories contract about collection of evidence,contract about proof of matters,and contract about credibility force.The contract about collection of evidence included assent search,attach,physical examination, collection samples,and polygraph test.In accordance with assent or request of suspect,victim or witness,investigation organs may conduct polygraph test.The procecutors and the accused may make contrace aim at the form of the witness appear in court,immunity of tainted witness,invite expert and the expert appear in cout.Probative force contract is an system that in accordance with assent of the procecutors and the accused,the prior statements of witness made outside court and some evidences illegally obtaind may be read before the court or not be excluded.The witness is not necessary to be present and testify becouse that the witness record of his statement is acceptable to the public prosecutor,defense lawyer and defendant through evidence discovery.The contract about proof of matters is an system in accordance with assent of the procecutors and the accused may limited the demain of the proof of matters.Criminal confession is an typical form of the negitive proof of matters contract.Targeting at many drawbacks in the criminal evidence legal system in China and absorbing the research fruits in theory,the author analysis and probes into the way to overcom these drawbacks.The author puts forward many proposals on legislative reform to further improve our contract syetem in the field criminal evidence.