Research Of The System Of Criminal Evidence Certification

2010 ZhaoZuoHai righted henan shangqiu farmers ZhaoZuoHai jail, "our criminal judicial case" become the typical together or case. The case of the court in the first evidence exists many problems, Such as its certification premise in evidence and cross-examination aspects, and lack of defects of expert witnesses, corresponding auxiliary In simple authentication ways adopted by the way of proof authentication. Eventually the case because the judge's evidence before a series of non-standard and authentication authentication process itself not rigorous led to the occurrence of a crime. This article by "ZhaoZuoHai case" for the entry of our country's criminal procedure, this paper discusses the existing problems and authentication system perfect way. The main text is divided into three parts.The first part expounds the theoretical knowledge authentication. The authentication refers to court on the evidence material by cross-examination of making decisions and judgments, that can confirm the case facts as the basis, the cognizance of authentication is instead of evidence that the facts of the case. The criminal evidence certification system is very important in the criminal litigation proceedings link, its contain entity justice, the value of procedural justice, two aspects of authentication is to improve the efficiency of lawsuit, strengthen the public trial function, stimulative trial and safeguarding judicial justice, as well as to the social public education the key link of publicity. Criminal litigation usually adopt comprehensive comparative analysis and investigation and evidence collection method, accusers method, identification method, on-site experiment method and methods produced authentication, The emphasis is on examination authentication evidence objectivity, relevance, legality and the specific content of the evidence ability, probative authentication should follow, seeking truth from facts principles and legal socialist principles, and in that case inside the judge shall adopt the method of comprehensive analysis authentication.The second part of "ZhaoZuoHai case" by criminal evidence the defects of the system of authentication related analysis, Find the judge has not set up "presumption of innocence, suspected crimes of judicial philosophy from nothing", not adhere to the "based on facts and take law as the criterion" the handling of principle. The preceding procedure in evidence in the authentication, China lacks systematic evidence rules. The prosecution often reluctant to defense in before the trial will know that they have mastered all of the evidence material, Therefore, defense ZhiXiQuan upfront by certain degree of restriction. Meanwhile defense investigation and evidence collection power also by certain degree limits, cannot effectively in evidence presented defense evidence. Both of the accused and the defendant stages in evidence of non-standard operation, thus influence is to the judge eventually evidence authentication. In addition, our country criminal court trial cross-examination rules, often lack the powers doctrine mode adopted under direct questions, the judge often in seizing the initiative, both of the accused and the defendant in a relatively passive position, especially defense further disadvantage status. Despite the current legal cross-examination is a judge participation for the hybrid cross-examination mode, but cannot be strictly cross-examination rules, Thus caused in judicial practice of cross-examination rules, and then carry out not thorough enough influence the judge through witness answer, both of the accused and the defendant case series of means understanding question, and grasp the evidence to the authentication. Meanwhile, in "ZhaoZuoHai case" expert witnesses, lack of certain professional problem due to the judge of the court to some AIDS, evidence of professional problems involving authentication, need not expert witnesses are auxiliary its opinion expert witnesses, so sexual conclusion in the judge is particularly important when authentication evidence role. In evidence in the way, proof authentication authentication to the connection between the various evidence isolation, cutting evidence of a link between, unable to determine the case facts effectively, and violation of the court to rule the understanding. "Criminal procedural law" the regulation only to attest, the proof and cross-examination without direct provision proof authentication. "ZhaoZuoHai case" no authentication evidence in the way of evidence distinguish simple, complexity, defies taken proof authentication, failed to review the way individual forms of evidence time, place, content is true, etc, thus the elements of authentication is not reasonable.The third part consummates our country criminal evidence supporting system authentication. Countries such as Britain and China can use for reference the experience, based on China's national conditions, and trial status in our country criminal evidence rules established by auxiliary judge clear evidence to the authentication. Of evidence including relevant to the case, all the evidence material forms include evidence, the seven extrinsic manifestation. Cross-examination rules can quickly and effectively found criminal case's truth, make the judge more straightforward case further understanding of authentication evidence. Perfect cross-examination system must be clear about the scope of cross-examination witnesses, will witness the prosecution witnesses and defense witnesses are divided into two court to accept the inquiry. Defense witnesses for the prosecution witness and according to its subordinate to the camp, the party by burden, the first main asked the burden and not on the defensive side to reverse the order asking cross-examination. Meanwhile perfect cross-examination rules can foreign banned the Lord asked questions rules and inverse square leading recipient ask limits rules ask some excellent foreign related rules, and to ensure that lawyers anairport, guarantee the witness's court rate, strengthen the function of judges independence in judgment. Experience of Anglo-American law system introduced from expert witnesses, criminal system of expert witnesses as independent litigant participant, enjoys the rights also burden obligations. When an expert witness of contract, can pursue its responsibility or tort liability. Justices met in criminal cases, authentication evidence of difficult may hire new judicial institutions second appraisal, forming a new appraisal conclusion to help with its certification. For proof authentication should be strictly limited evidence of its scope, the evidence shall attest the authentication is evidence that the legality of evidence ability for evidence, the evidence's probative namely objectivity, relevance authentication evidence shall be after the scope of division. Criminal judgments can be regarded as a judge on the court evidence after the authentication outer represented forms, so criminal judgments must standardization, strengthen the forensics, proof authentication instructions, cross-examination and process.