By Criminal Words Evidence

The criminal words evidence is refers to which produces in the criminal procedure take person's statement as the manifestation to be able to prove the case fact the basis. The criminal words evidence has the activity characteristic, and usually is the positive evidence, but simultaneously also has easily repeatedly, the instable characteristic. The criminal words evidence has function of prove and guide, and the function of guide is important in reality.The rules appling to criminal words are the elimination rule for illegal expression evidence, the elimination rule for hearsay evidence , the rule for opinion evidence and the rule for oral confession reinforcement and so on. Our country Law of Criminal Procedure has stipulated four kind of legal criminal words evidence, and requests to have the controlled condition to be able to take the evidence use. In our country, the rules appling to words evidence are the elimination rule for criminal illegal words evidence and the rule for oral confession reinforcement.Our legislation of criminal activity words evidence has three aspect flaws: First, legislates not unified; Second, operational difference; Third, deals with the judicial practice difficult problem with difficulty. Therefore, We must consummate our country's criminal activity words evidence legislation: First, establishes the elimination rule for hearsay evidence, requests witness testimony, the victim to state , the appraisal conclusion, and the examine notes must be inquired and quality certificated in the court by the public prosecutor, the victim and the accused person, lawyer. Only through such procedure, the questioning witnesses to be able to take the evidence use, otherwise cannot take the verdict the basis. Moreover, permits the acceptance hearsay evidence in certain peculiar circumstances. Next, perfect the elimination rule for criminal illegal words evidence . Explicitly stipulation the ability of the illegal words evidence, the illegal collection method, and the procedure of elimination illegal expression evidence, including who and when propose the procedure of elimination criminal illegal words evidence, who examies, and who has the responsibility of proof. Finally, perfect oral confession reinforcement rule. The stipulation is suitable this rule explicitly the case scope, the reinforcement evidence scope and the reinforcement degree. Certainly, for making above-mentioned rules gets improving and perfecting having an effect to work , needing a lot of supporting system. For criminal our country self's words evidence legislation perfect, we need to do a lot of effort.