Evidence Referee Idea In The Vision Of The Detection Procedure

Following the cognitive ability enhancement and the knowledge experience's accumulation, the human society to dispute's solution, evolves unceasingly from the initial primitive and ignorant non-rational referee way to the pursue evidence's rational referee way, and has experienced "shows the evidence system from the god" to "the legal evidence system" then to "the modern evidence referee system" development process. During this process, the evidence by the unique rationality certificate function occupied referee's dominant position gradually, and ends in the modern lawsuit system's foundation, is the modern lawsuit civilization pursue. In the modern criminal prosecution, the evidence referee idea that take the evidence as the center, carries on the judgment to the case fact, to be suitable for the lawsuit entire process, regardless in the detection stage, the examination prosecution stage or the trial stage, regardless of being the procedural decision or the reality decision, must rest on the evidence. No evidence that the criminal suspect guilty and shall impose punishment, and can adopt coercive measures and restriction of personal freedom.Under the evidence referee idea's criminal prosecution is the government by law civilising performance, is the criminal prosecution to the entity fairly the result which fair pursues unceasingly with the procedure, its development complies with the trend of The Times. But in our country present stage's criminal prosecution procedure in the detection stage, the detectives to the evidence referee idea's understanding depth, the evidence referee does not realize light generally especially. In the law enforcement handles a case in the process, because in thought paralysis or cognitive ability's limit, appeared has departed from the evidence referee idea the behavior. But in the modern society with stronger law consciousness, this give the detection work big passive without doubt, caused the evidence gain, fixed, preservation and utilization sells at a discount greatly in the return to original state case fact process, to further process at the trial of cases, bring adverse. But the investigate stage is the beginning of the evidence work, the immediate influence to the evidence effectiveness, the integrity, the authenticity, the workability, specially the evidence has specific namely to be unable the vicarious nature, will cause the detection stage gain evidence quantity as well as the quality will decide case's final management directly. This article launches the elaboration in light of this, under the vision of the detection procedure's field, through to the beginning that the evidence referee idea's explanation and the historical development, carries on the discussion to its rationale. After had understood initially evidence referee idea, unifies this idea and the detection work in this foundation, the very important role which the analysis obtains the evidence referee idea to the investigate procedure to have the influence which as well as plays, and realizes that the evidence referee idea to remain profoundly in the detection work is short in our modern country, mainly displays in the law is suitable the stratification plane and the legislative stratification plane, thus further elaborated how to make the improvement and the consummation to above question.