The Criminal Lawsuit Evidence Rule Reform Of Our Country And Protection Of Human Right

The evidence question is a key question in the lawsuit. The question is very outstanding during the judicial pratice at present. One that is about evidence is collected,application. With strength of proving question of putting ability to the proof etc of canning be adopted nature on the evidence,set up some rules,make administration of justice to practise with the rule prevent the wanton quality,in order to safeguard the justice .The more important things is that ensures the lawsuit to participate in people's lawful rights and interests. So to some problems with outstanding reflection in the judicial pratice,taking a concrete and feasible countermeasure out is the task of top priority. Chinese legislature has already planned to make the evidence rule of the lawsuit. The evidence legislates already mentioned that the schedule comes past. The focus that the evidence rule of criminal suit has already became the legal principle. In recent years,educational circles and administration of justice real affair circle and been discussed.At present,the achievement made in criminal suit evidence is derived from the aspect of theoretical foundation of Chinese criminal suit system.,epistemology or the value theory,or from the characteristics of the criminal evidence,evidence admissiblility ect. Some are made from the angle of the comparative law belonging to doctrine country concerning the applications of the regulations and systems in the courts in China. These regulations and systems such as witness appearance in count procedure ,the complexion letter of the judicial expert's conclusion procedure are researched individualy and only constituted a part in the letigation system in China and are not combined with each other to be observed and discussed .The writer of this paper's aim is to improve in this area and she made her study with the help of the clue of measures of human rights protection in the evidence in criminal suit. According to the observations that the writer made,there is no study in our country which connect the them.In the preface the writer briefly described the development of idea of human rights and pointed out that nowadays it has become an important value goal in the criminal suit reform of every country in the world and use it as an basic key element as criminal suit of evidence to ensure the realization of human rights in the criminal suit. This part provided the starting point for this paper.Definite definitions is the prerequisite for the research. The first part of this paper defined three essential definitions in studying the evidence regulation reform of criminal suit which are criminal suit evidence,evidence system. The definition of evidence rule of criminal suit is that the evidences are the mark,image,etcs of the case the judicial authority approved to prove the truth in the course of criminal suit. There are subjective factors and objective factors in the evidence and it is and entity of them. The evidence rule is the practical and regular evidence operational procedure to criminal suit. This part discussed the difference between the narrow sense in a broad sense of the evidence rules and the functional problems relative to the evidence system and the status in evidence rule which made the foundation well for the following argument.The second part of this paper firstly discussed the such a view from the vertical history aspcet (the historical evolution of criminal suit with evidence rule) that the development history of criminal suit evidence is a history promoted to protect human rights in the lawsuit. We can say that the development of human right in lawsuit is closely bound up to the development of evidencerule. Secondly,it introduced the legislative mode of contemporary criminal evidence rules and ensure content in human rights among them with their development trend and then carry on China and foreign countries to compare with the evidence rule mode draw a preliminary conclusion:of our country evidence regular mode science,systimtic ensuring and in one a kind of weak te...