Research On Chinese Criminal Evidence Confirmation System

Interrogation, the premise of attestation, is a dispensable step of court hearing and an important part of criminal evidence system. The ?Chinese criminal procedural law? provisions that no evidence can be accepted by the court unless it goes through court interrogation otherwise it will breach the procedural law. However, the interrogation was adopted after the innovation of court hearing, while the content regarding interrogation in current procedural law is not very detailed. The absence of clear and definite regulations results in much confusion in judiciary practice.The writer thinks, interrogation is a key step of court hearing, especially after the innovation of court trial. In fact, the adoption ofinter ogation is very useful in protecting the parties' certain rights, maintaining litigation justice and promoting our country's criminal procedure. Therefore, how to amend our country's criminal interrogation system, adjust the internal relationship of litigation, harmonize the interrogation procedure and other criminal procedures, so as to realize fairness and justice, guarantee the parties' litigation rights and interests, is an issue deserve considering and researching.Most country's legislature and judiciary practices show that the interrogation system's effectiveness is greatly determined by the rationality of the interrogation rules. The Common laws system and the Continental laws system interrogation moods mainly include such rules as open evidence, cross-examination, combination, collect ability etc. Considering the deficiency of our country's interrogation system in legislature and judiciary practice, the writer laid much emphasis on the main body, the object, content, method and procedure of interrogation, and provide some opinions.The evidence confirmation elementary theory is the research and the construction criminal activity evidence confirmation premise and the foundation .At first this article introduced the criminal evidence confirmation elementary theory, the author from evidence confirmation concept, main body, object, content, way as well as questioning witnesses aspects and so on goal elaborated to the evidence confirmation elementary theory. The author inspected two big legal systems regarding the criminal evidence confirmation system stipulation, has analyzed two big legal system questioning witnesses system difference, and has carried on the comparison and the narration to the British and American legal system and the mainland legal system criminal activity criminal evidence confirmation system, obtains from the comparison to consummates our country criminal activity evidence confirmation system the enlightenment.How consummates our country's criminal evidence confirmation system is the this article key content, altogether divides two major part carries on the elaboration, first is to our country criminal activity evidence confirmation system present situation. Second is consummates this system the tentative plan.The main text part briefed our country criminal activity evidence confirmation system present situation. Has analyzed our country criminal activity evidence confirmation system . flaw from the legislation and the practice, looks for the crux which had problems to be at.How did the last part elaborate has consummated our country's criminal evidence confirmation system. We must consummate our country's criminal evidence confirmation rule, Next we also needs to consummate and the criminal evidence confirmation related system safeguard from certain aspects.