The Choice Of Our Criminal Evidence's Pattern

The identification of a criminal case is the fact that have occurred in the reduction of crime, because nothing can be all the same, it is impossible to completely know the fact of the case,what can be done is just trying the best to discern the evidence, to recognize the fact of the case and to make reasonable judgments. For thousands of years, people have always got the fact by certifation.Therefore, to find out the fact and make a fair and legal decision, the most important thing is to regulate the activities of criminal certification. At the same time, with the deepening of China's judicial reform, combined with our in-depth study on the theory of evidence, criminal certification legislation has been gradually on the agenda.However, choosing a practical pattern which suits china's situation of the criminal certification has become a critical problem.This paper start with the fundamental conception of criminal certification and put emphasis on the analysis of the two basic pattern of it:legal certification and free certification,and focus on their content, main characteristics, advantages and disadvantages.then,reference to the legislation practice,the outcome of scholarly pursuits and external advanced experience,explain the reasons why we choose the pattern that legal certification dominates and free certification surdominate from four different aspects.then,illustrate the combination of them on the basis of making the choice on our criminal proof legislation.as relatively complemented,they shuold gve full play to their own advantages and make up for the other's disadvantages.furthermore,the conclusion should be drawn through barber cases that only by combining them can the maximum potency be exerted and the efficiency of criminal certification be improved so that social equity and justice can be guaranteed. Finally, it makes some reasonable suggestions on criminal certification, starting with the objects of criminal evidence, criminal evidence and criminal standard distribution of responsibilities in three areas releated to evidence of statutory certificates and free combination of the specific application procedures for certification, After the procedure of proof from the criminal, but also from the evidence, evidence, cross examination and certification of four proceedings, described in detail how to achieve our chosen mode of criminal evidence, so as to put forward some feasible suggestions on China's Criminal Evidence legislation.