The Criminal Proof Ability Principle

Criminal lawsuit is a function taken by the state judicial department according to legal proceedings with the parties and other lawsuit participants as the attendees, to reveal and prove crimes, and to protect the innocent at the same time. And the criminal litigation proof are indispensable for realizing the task of criminal lawsuit and materializing and reflecting the value and intention of it. The criminal litigation proof mean all actual materials which are collected lawfully and can prove the truth of a case. The premise why actual materials can be criminal litigation proof is that they must have crime litigation proof ability. The criminal litigation proof ability means the qualification by which all actual materials can be criminal litigation proof. The actual materials as criminal litigation proof should have such elements as legality, connection and objectivity. Legality means that the actual materials can have proof qualification only if obtained by legal procedure and the request of the law provision. And legality is an indispensable component element of the proof ability; on the other hand, a proof can't become the proof if it has not the element of legality. Objectivity means that the content reflected by the proof must be objective facts. The objectivity of the proof is an important attribute to the proof. While understanding and analyzing the objectivity of the proof, you should pay attention to its subjective side. The objectivity of the proof is the dialectic unity between impersonality and subjectivity with impersonality as the basis. Connection means the objective connection between the litigation proof and the will-be-proved facts. In the actual life, people find no quantity criterion about how to measure the objectiveconnection between the will-be-proved facts and actual materials, which can be used as criminal proof and have proof ability. They only have such an extensive and fuzzy cognitive criterion as experience principle, life common sense, intuitionistic judgment and logic reasoning.The criminal proof ability principle is an organic component of the proof principle, and it is about the principle of the proof itself. The criminal proof ability principle is standardization, legality, defmitude, and concretion of the criminal litigation proof qualification. The regulations about proof ability principle in our criminal litigation law are very few and concise, which bring many difficulties to our judicial practices. Such status is not suitable for the development of the legal situation after China's entry into the WTO. So it's no time to delay to construct China's criminal litigation proof ability principle.In this thesis, the author firstly introduces the universal principle of overseas criminal proof ability. Combining with China's criminal litigation judicial practices, he then brings forward his own opinions about the concept, content, proof ability, demand, and exceptional regulation etc. , of the hearsay proof principle, connection proof principle, illegal proof exclusion principle.