The Research Of Criminal Evidence To Determine The Legality Of The Methods

Evidence system is a core system of Criminal Procedure Law.The whole criminal activity refers to collecting evidences, investigating , deciding and utilizing. Chinese Criminal Procedure Law formulates clearly about the types of evidence, evidence collection,the review of the evidence,the evidence to prove the effectiveness, and so on. However, in the practice of criminal justice, there are many situations that we make no judgement with legitimate evidence or make confused determinations. These state of affairs affect the achievement of justice.Therefore, exploring a rational and scientific way to determine the criminal evidence legality or not has an important practical significance. On the one hand, it has great theoretical value to complete our system of criminal evidence and proof, on the other hand, it has an important practical significance the people's court correctly identified the facts of the case and fairly deal with the case.This paper referred to determining the legality of Chinese criminal evidence and analyzing the application status. In regard to foreigners' methods of determining the legality of evidence, on the basis of our country's criminal,we try to to build a suitable method to determine the evidence legality or not.This article is divided into four sections:Firstly, determining the legality of criminal evidence is quite valuable.We mainly analyse its theoretical and practical significances on the methods of determining criminal evidence legality or not,.Secondly, the legislation and practice about foreign criminal evidence.This paper mainly introduces the legislation and practice with the method to determine the evidence of criminal legality or not by two main legal systems, and its impact on the profile of reference about China.Thirdly,the method of determining the legality of Chinese criminal evidence. This paper mainly introduces that current legislative in China and questions about it, and analyzes the main problems about determining the current criminal evidence legality or not, and the main reasons which caused these problems.Fourthly,building the methodology of determining the legality of China's criminal evidence.The emphasis is on explaining the guiding ideology and the concrete content.