Probing On Criminal Activity Evidence System Construction In Our Country

Criminal prosecution, as a civilized means of solving social conflicts,identifies certain facts through evidence in order to realize the social function toattack crime and protect people. Thus it is meaningful to construct reasonablecriminal evidence institution to maintenance judicature fair, safeguard humanrights, and enhance the lawsuit efficiency. Law of Criminal Procedure in ourcountry has made certain stipulation to criminal activity evidence system,however, the legislation article is too simple, carelessly, and low feasible.Theoretically there has the quite great dispute in certain aspects, such ascriminal evidence concept limits, the criminal evidence type and theclassification, criminal proof responsibility, criminal proof standard and so on.To construct criminal evidence system, we should first identify criminalevidence related concepts, and point out its sense of constructing criminalevidence system, secondly analyze the legislation arrangement of criminalevidence system, including 3 sections: he criminal evidence type and theclassification, criminal proof and the application of criminal evidence. On thisfoundation, the article carefully examines the legislation establishment criminalactivity evidence system in our country, absorbs theorists'outstanding researchresults, profits from the overseas advanced legislation experience, andrestructures criminal evidence system inour country. Finallythe article suggests to outline proof standard in criminal prosecution and proof responsibility, set uptheevidencedemonstrationsystem,perfectthesystemofwitnesspresentationincourt,andestablishthelimitedeliminationruleagainstillegalevidence.