Research On The Relevance Of Criminal Evidence

At present,China's Criminal Procedure Law Amendment frequently,the society's attention to criminal cases is increasing day by day,and citizens' expectation for the openness and fairness of criminal procedure trial is also increasing rapidly.At the same time,the credibility and persuasiveness of the trial of criminal cases will inevitably be improved,but contrary to our wishes,the recent unjust and false cases,the cases under the supervision of major public opinions and empirical studies show that the investigation,procuratorial supervision and trial situation of criminal cases in China are not satisfactory.The important source of influencing the credibility and persuasion of criminal cases is the unfair grasp of case evidence by criminal judicial personnel in criminal proceedings,which directly leads to the wrong judgment of criminal cases.Therefore,the relevance of criminal evidence as the first basic attribute of evidence in criminal cases,its establishment and improvement will naturally become a hot issue in China's current legislative activities and theoretical research.However,the traditional understanding and general research on the relevance of evidence in Chinese academic circles are mainly based on the interpretation of Anglo American law,which leads to the theoretical research of evidence relevance falling into repeated conflicts between reference transplantation and practice gap.It is not only lack of theoretical methods of socialist philosophy with Chinese characteristics to explore the cognitive path of evidence relevance,but also lack of empirical research Realistic support.In the judicial interpretations issued by the Supreme People's court in recent years,the requirements for the relevance of evidence begin to appear gradually.However,only a few provisions on the relevance of evidence do not further explain the connotation,application mode and judgment standard of evidence relevance,which is difficult to operate in judicial practice.All kinds of facts show that the current theoretical research on the relevance of evidence in China has not fundamentally played a guiding role in legislation and judicial activities.The modern relevance rules of evidence are mainly the product of evidence law in Anglo-American countries.An obvious feature of contemporary evidence relevance rules in Anglo-American legal system countries is that they pay more and more attention to the necessary trade-off of related evidence.Many specific relevance rules are based on the needs of specific public policies and the product of considering some realistic factors.By examining the system and cultural background reflected behind these rules,it will also help us to accurately judge the possibility and degree of drawing lessons from foreign evidence law legislation in China.Since the relevance rules of criminal evidence is the primary threshold of evidence examination in criminal cases,it determines whether the evidence is probative or not.Although the relevance rules of evidence is required in our current law,there is no specific provision for relevance review.The omission of legal provisions has led to the fact,which shows that some investigation and prosecution agencies often only pay attention to the evidence which is related to the guilt and neglecting the evidence which is related to innocence while during in the process of pursuing the crime detection rate.Among them,the lack of evidence relevance rules makes the application of evidence such as character and external behavior become a vacuum area in judicial practice,and judges' discretion of such evidence couldn't be regulated and supervised by law,thus a series of unjust,false and wrong cases of evidence application appear in judicial practice.In the view of legislative blank in the relevance examination on criminal evidence in our current law,through theoretical analysis,philosophical interpretation and the relevance of extraterritorial evidence,combined with the criminal litigation system with Chinese characteristics,the chaos of legislative deficiency in empirical investigation is taken as the breakthrough point of the practical problems of the relevance of evidence in our criminal justice,which could construct a scientific and reasonable examination system of the criminal evidence relevance rules.