Research On Rules Of Defective Evidence Correction In The Criminal Procedure

Before Rules of evidence introduced, the concept of defective evidence appeared only in an academic. It does not appear in the legal provisions. "of the following defects, "occurs several times in new rules of evidence ,the statement, which gives us defective evidence a certain legal basis, not just stop at the theoretical level. The author defines the defective evidence, with objectivity and relevance of standards, but violations of collection procedures and methods contrary to the law, or because of procedural errors which led to collection of evidence in a form inconsistent with the law, and not against the illegal collection procedures Constitutional rights of citizens and substantive rights, only slightly against the citizens of some of the procedural rights of the evidence.Admittedly, the law does give defective evidence a certain amount of living space, namely through the correction into legal evidence, but the manner and procedure of the correction has not detailed the specific requirements, so this article will provide the two "rules of evidence" for the view, Defects are pointed out and corrected the problems of evidence and trying to build a relatively complete Rules of defective evidence correction and applies to all criminal cases. This article is divided into four parts:Partâ… : The basic theory about defective evidence will be introduced, It includes the concept of defective evidence, characteristic, legal effect, differences with other aspects of illegal evidence, and a comprehensive analysis of defective evidence. Partâ…¡I will discuss the transformation of the form of defective evidence - make corrections. It contains the corrections based on the existing legal and realistic, and to distinguish between correction and reinforcement, and a brief analysis of the relationship between corrections and reasonable explanation.Partâ…¢: View of the existing law, I will point out that the scope of the problems of defective evidence and put forward countermeasures, but point out that the lack of correction procedures will be brought to the practical operation inconvenience.Partâ…£: I will learn from The Exclusionary Rule and from the start of the main attempts to make corrections, review procedures, burden of proof and standards, correction methods and cross-examination and other procedures, building a complete and relatively good evidence of correction rules.