The Study On The Admissibility Of The Defective Evidence In Criminal Procedure

It's the always case that the defective evidence is currently in the course of investigation . The reason is that the law is not perfect and the evidence awareness of investigators is lower and so on.The defective evidence is that the investigators disobey the law. But it doesn't violate constitutional rights or rights which own the value of the constitutional. It has higher value to prove the truth of the case . It's the principle to adopt the defective evidence. But because of the defective , the objective authenticity and the probative force of the evidence may be damaged to some extent . In the current framework of judicial system of China, it will to be perfect that how to prevent the appearance of the defective evidence, or after the appearance of the defective evidence, how to deal with it and how to judge the admissibility. The writer states the problem of jurisprudence about the defective evidence, the current situation of judicial and the drawback of legislation with the way of comparative analysis in the article. The writer gives a specific conceive about how to perfect the system about the criminal defective evidence by reforming the foreign slight defective evidence, and with the background of the Chinese judicial system and judicial surroundings.This paper is made up of about 30,000 characters, except the parts of introduction and conclusion, the text has been divided into 5 parts.The first part is mainly about the definition of the defective evidence from a theoretical view .The writer analysises the characteristics of the defective evidence and gives a specific definition.The second part is the hard of this paper. It's mainly about the difference between the defective evidence and Illegally Obtained Evidence from the whether tort and to be resubmission or not,the difference of legal consequences and the social bearing capability. It takes a good bedding for the research about the admissibility of the defective evidence.The third part is mainly about the definition of the admissibility. For the characters of the defective evidence, the admissibility is the result that the judge make the judge with the whole case. So the writer gives a general basises about how to judge the admissibility.In the forth part, the writer analysises the current situation and reasons of the admissibility of it by connect with the judicial practice. When the writer analysises the current situation, it's mainly from the rule of law,judicial practice and ideas of scholars. Then the writer bases the practice to analysis the reasons. At last the writer tells about the meanings if we perfect the admissibility.The fifth part is the core of the paper. It's mainly about how to structure the admissibility. In this part, the writer gives a specific suggestions to perfect it by studying the foreign system after the specific system. At last, on the basis of the litigation economics, the writer gives a pertinence and systemic suggestion to perfect the repair system of the defective evidence on the rule of foreign.