On Rules Of Affidavit In Criminal Procedure

Characterized with dynamic continuum,affidavit is a kind of legal evidence in criminal procedure. Through which the process of the crime reappears vividly, in this way the efficiency of lawsuit is improved. The idea that"Affidavit is the king of evidence"rooted firmly in the minds of our judicial functionary. It is not realistic to reject the unnatural function of affidavit in a short period, due to the effect of traditional judicial ideas and the backward of the present judicial technology. Therefore it is quite necessary to study the rules of affidavit in criminal trials.Chapter one is about the affidavit and its legality. Opinions vary for the definition of affidavit in the law circle of China. There are three different understandings. The author holds that affidavit should include not only the confession of the suspect or the defendant, but also their defense. Affidavit should be defined as the confession and defense presented by the suspect or defendant to judicial organizations. The affidavit functions as criminal evidence should be legal, and in our present judicial practices affidavit is characterized with objectivity and arbitrariness. Objectivity is the essential quality of evidence. It is required that the presentation of the suspect or defendant should be factual and objective other than imagined. The affidavit must be rooted on the fact of the crime and be a description of the case. At the same time, the affidavit should be out of the will of the suspect or defendant, and the suspect or defendant can not be forced to tell and has his right to make choices and decisions.Chapter two concerns the obtaining rules of affidavit. As important evidence in criminal procedure, the obtaining of affidavit can be classified into legal and illegal obtaining. The former refers to the affidavit judicial...