Criticism On The Main Influencing Factors To Weight Of Proof Of Criminal Evidence

The force of criminal evidence is the role criminal evidence plays and the extent of efficiency it provides in the process from filing by investigation organ to the court for trial, concerning about the confirming or denying of the facts to be proved, in order to help judge form his inner confirmation. Broadly speaking, the force of criminal evidence is a state of rest, and also that of activity. It is not only a series of materials and information in all personnel on the tribunal which can show and reveal the case's facts to be proved, but also contains a series of understanding activities about evidence of public security and judicial personnel and defenders', such as discovering, mining, analyzing and revealing, in the process of filing to judging. The criminal evidence's probative value is the basis of investigation and breaking cases by investigation organ, is the foothold of reviewing and making a decision of prosecution by prosecutorial organ, whose"booster"of conducting public prosecution, and is the premise and basis of fair judgment by the People's Court according to the slogan"take fact as basis and take law as criterion", is the core that trial courts hear case facts around, and is the accordance finally making the guilty get legal sanction and the innocent be out.However, in criminal lawsuit because the subjective, objective, macroscopic and microscopic factors from various aspects and each phase affect the proof strength of mining and revealing the case, making judgment go against justice. The objective influencing factors to weight of criminal evidence mainly contain evidence itself nature of space-time, concealment, instability and irreproducibility, the tools and methods of collecting, investigating, obtaining, and preserving evidence, and the limitation of human knowledge level. And the subjective influencing factors are the value conflicts of the criminal litigation system and the perfect of the evidence rules under the value orientation, the qualities and experience of judicial personnel and lawyers'and the standards of proof they grasp, people's evidence consciousness, judicial trial habits, public opinion and subjective speculation and etcetera. On this basis, in order to make more attention to these main factors, by the force of brainstorming, to think about whether we can enhance these positive effects of these components by some measures and methods, and realize clearly those negative effects, paying more attention in practice to reduce or even overcome their influences. We are inspired by them that under the system of criminal litigation the better criminal evidence rules and judge discretion should combine organically, what the key work and abilities of the judicial and public security personnel are, enhancing people's awareness of evidence, how to perfect the relevant systems of evidence, such as building and maintaining DNA database, the strong measures of protecting the witness, endowing lawyers proper right of investigation of evidence, the system of appointment and removal of judges and prosecutors and so on.