Research Of Criminal Testimony And The Legal Regulation

Criminal testimony means a person makes expression about cases to the lawful evidence collection subject according to his memory in verbal or written language or actions ways after the criminal case happened or during the lawsuit procedures. The coverage of testimony includes three kinds as the statements, defence from suspects or the accused, witness's testimony, and the statements from victims. The testimony formation generally has four stages including feeling, judging, memory, stating. Essentially it is a subjective and objective reflection of the giving witness's brain to the case facts. The formation of criminal testimony, the process of evidence collection, the style and function of proving case facts have their own features. The criminal detective investment in our country has been low for a long time. The criminal detective technique has been backward. The criminal detective method has been single. But present criminal tasks are very urgent. The input contradicts output which shows the testimony with the direct, vivid, complete, obvious, concrete characters play predominant role in criminal actions in China. So testimony is popular and used by our country's criminal detectors. But testimony has defects as instability and lack of objectivity. And the clauses are rarely found in our relative laws and judicial interpretations about testimony collection, proof, evidence, cross-examination. The content of testimony is coarsely and lack of system. All these bring about part of false testimony regarded as the case truth through court proceeding, which strongly influences judicial authority. The existing testimony applying rules among the criminal actions in China contains lawless testimony exclusionary rules and regulations of affidarite as corroboraty evidence. They have strong principles and poor interoperability. So it is necessary to establish and perfect the civil system of evidence admissibity. First, the lawless testimony exclusionary rules should be perfected to define the qualification of lawless testimony and the methods of actual lawless evidence collection, to define the procedures of knocking off the lawless testimony, to properly allocate the proof responsibility, to define the standard for"lawless evidence". Second, the direct verbal trial should be built. Two procedures should be setup: to guarantee the witnesses appear in court and to guarantee that the undertaking judge has power to make his own judgment according to the direct verbal trial and make sure the fact case in his brain. Third, the regulations of affidarit as corroboraty evidence should be perfected. The different requests including ranges, standard, object of proof should be set up according to the actors seriousness crime. Fourth, the opinion proof rules should be established to define the range of the excluded opinion proof and exceptions. Certainly, the formation of criminal testimony system will be depended on the further reformation of criminal penal and the establishment of the whole criminal evidence system in China.