Investigation Report On Establishment And Implementation Of Views On Regulating Criminal Evidence (for Trial Implementation) By Province S

Views on Regulating Criminal Evidence (for Trial Implementation) by Province S (hereinafter referred as VIEWS) inure on May 1st 2005 all over the province, and bring the universal attentions and affirmations of the theorist and the public voice. Whereas the provisions of VIEWS are distinctly advanced in comparison with the present system, the author puts forward one question as follows: Without the corresponding changes of judicial environment, judicial resource and judiciary quality etc, would such a radical criminal judicial reform bring anticipative effects? This article analyzes and derrionstrates around the establishment, organizing and implementation of VIEWS.This article contains four main parts:Part 1 refers to the review and analysis on the establishment of VIEWS. VIEWS arise for the reflection of politics and law authority of Province S on judging error of "93.11.28" robbery and murder in District C City Y. On April 22nd 2004 the date of provincial conference on criminal evidence, the politics and law authority decides to establish VIEWS. The draft is modified repeatedly, and promulgated on March 16th 2005. Provincial Committee and Politics and Law Committee play an important part in the process of establishment. Based on confirming and agreeing the advanced idea, Provincial Committee and Politics and Law Committee promote the construction on procedural ruling by law to a certain extent through their leadership.Part 2 refers to the review and analysis on the implementation- organizing of VIEWS. Provincial three-organ convey VIEWS' purpose and provisions to the policeman through transmitting document, conference and professional training. Actually it makes some effects. The implementation-organizing of the judiciary is better than the others. In the aspect of organizing by grass-roots unit, e.g. grass-roots unit in District C adopts media transmitting, criminal department meeting and relevant training, but it leads less favorable result. As a whole, provincial politics and law organs don't adopt legislating but administrative power-using to implement VIEWS, and the implementation shows comparatively gentle, i.e., it proceeds in accordance without regulations but guidance. Therefore it's hard to expect VIEWS bring the results to regulate.Part 3 refers to the review and analysis on the implementation of VIEWS. It leads more difficult than effects in every region of Province S, without attaining good result wholly. As for a certain case, we investigate in aspects of the evidence standard of prosecution and judging, the collection of physical evidence, testing, taping serious cases in full, the exclusion of illegal evidence, the appearance of expert and policeman in court as witness. The single conclusion accords with the whole one.Part 4 refers to the conclusion. The purpose of establishment of VIEWS conforms to modem idea as ruling by law, i.e. the idea and requirement on assurance and 'protection of human rights' VIEWS itself isn't law and mandatory, and there aren't faultless relevant measures, that leads it difficult to implement. Its practice deviates from its articles. The main causes lie in the deficiency of technical facilities and treasury guarantee of judiciary organs especially public security organs, i.e. the deficiency of modem investigation technology and judiciary resource in accordance with modem idea as ruling by law. As for the positive impact, this regional judicial reform accelerates the proceeding of ruling by law to some extent, the establishment and implementation of VIEWS declare and transmit the idea of ruling by law.