The Research On Rules Of Criminal Evidence And Priviege In Criminal Proceedings

In criminal proceedings, there is a marked-gap status between the two sides of the prosecution and the defense of the litigation, mainly because of the imperfect nature of the Criminal Procedure. Rules of criminal evidence and privilege in criminal proceedings have definitely positive effects for the balance of the status of both the defense and prosecution. The secret information between criminal defendants and witnesses based on some sort of interest is protected by Rules of criminal evidence and privilege in criminal proceedings, and thus it must bring impediment in the discovery of the facts of the case. The relationship at stake which is protected by rules of criminal evidence and privilege in criminal proceedings are indispensable, elementary among human in a society. Thus, it is practically significative to set up the rules of criminal evidence and privilege in criminal proceedings. On the one hand, it is mainly reflected in such issues of the value orientation and practicalness in the rules of criminal evidence and privilege in criminal proceedings; On the other hand, the rules of criminal evidence and privilege in criminal proceedings are in line with the current world trend of human rights protection, so it has important significance for the protection of the basic rights of criminal defendants; Therefore, it is established in the legislation of the criminal evidence by the developed countries. However, it has not established in the Chinese legislature, and there are some undue and inharmonious problems in the field of protecting the fundamental rights of criminal defendants or witnesses. The author believes that if the rules is established in the Chinese criminal legislation, it is conducive to resolve the above-mentioned problems. So in order to try to keep the balance between the proceeding statuses of the defense and prosecution, China should establish the rules in criminal legislation.From a macroscopic perspective, the author believes what the rules of criminal evidence and privilege in criminal proceedings protect are the fundamental social relations. These social relations have an active role in stability and harmonious development of a country or social. From the microscopic point of view, what the rules of criminal evidence and privilege in criminal proceedings protect are the fundamental rights of the criminal defendants and witnesses in the specific criminal case. Among them, it is more important for the former. Their individual rights must be protected because the formation of a society is based on the individual. The social relations formed by the rules are inseparable from the existence of a criminal defendant. Therefore, I believe that the purpose of establishing the rules in the criminal legislation is protecting the basic rights of criminal defendants, and their dignity of the subject of a action. So that, the author analyses the rules in the view of protecting the criminal defendants. There are four parts in my article. Firstly, starting with the basic principles of the rules of criminal evidence and privilege in criminal proceedings, the article expounds its basic meaning, nature and value orientation at the same time, and systematically analyses the relationship between it and other relevant rules of evidence. Secondly, the article mainly introduces its theoretical basis, such as the constitutional theories, procedural justice theories as well as the utilitarian theories. Thirdly, the article mainly introduces its fundamental state of other geneology of law and countries, including the common law countries, civil law countries, as well as Russia, Japan. Finally, on the basis of the previous treatise in my article, the author sets out the specific concept to build Chinese rules of criminal evidence and privilege in criminal proceedings. Article mainly analyzes it in the perspective of the status of Chinese criminal evidence rules, basic impair in the lack of it, and the specific ideas of building Chinese rules of criminal evidence and privilege in criminal proceedings. Once it is established in the Chinese criminal legislation, there is a great help for the protection of the basic rights of the criminal defendants or witnesses, and for effective and reasonable run of the current criminal procedure.