Criminal Evidence Quality Certification System Research

In criminal proceedings, evidence of the role it is beyond doubt that the judicial practice, evidence has been playing an increasingly important and irreplaceable role. The evidence to the court, as determined in accordance with the case of the evidence of the tribunal, both the defence evidence that the allegations in the course of the trial against each other to give evidence and the question asked to review the evidence and proof, to provide the basis of the judges of the certification process, the prosecution and defence of the two sides and refute the evidence against each other an important means of judges and the impact of certification to the important ways. Quality Certificates as proceedings of the basic procedures, in the common law and civil law, their respective theoretical research and design their own systems, has its own distinctive characteristics and a reference value. But because of their respective the shortcomings of the draw on the need for us to be analysed, with two legal systems, Quality Certification System respective strengths, combined with our judicial practice, the problems in the country' s physical quality certification system to be adjusted and improved.The British and American Law of the prosecution and defence confrontational quality certification procedures on prosecution and defence in proceedings of the role of the role of judges negative, there is a complex and technical rules to guide, bound control both defence witnesses, proceedings efficiency is low, the accused to bar the dependence of a strong case for trial results are often dependent on lawyers levels, to ascertain the facts have a negative impact of the achievement of justice. The Civil Law already asked the judge style exhibits focus on quality certification procedures play a leading role of the judges, the judge to identify cases the truth functions, prosecution and defence of the role of judges only functions. The correction asked style, presided over by Judge investigations and proceedings more efficient, but restricting the prosecution and defence of functioning, judges' functions overlap, vulnerable to the prosecution views, it is also conducive to ascertain the facts. Two witnesses the mode of length of the development process, involving a mutual learning from each other, integration of the trend, there is a mixed mode of evidence, the mainland law reflect the judge asked system rectification of the weaknesses of the judicial reform, actively absorb the advantages cross asked system, the British and American judge correction, the judge asked system functions role of the importance of the Court of Justice in the strengthening of the proceedings of the right to control.Weigh two legal systems, physical quality certification system of analysed, together with the judicial status, in my view, we should strive to build an active mobilization trial judges and defence parties enthusiasm of witnesses, the author called a "Judge guided by the Cross asked mode". In this mode, give full play to the Prosecutor, the defendant, lawyers and judges of the main and take the initiative to make the truth in the prosecution and defence of active confrontation with the judges of the initiative to lead to timely revealed. The quality of evidence in the concrete evidence of the certification process, but also the need to specific rules of evidence to the regulations and guidance, and enhance operational, the author through physical quality certification, the main principles, contents, such as procedures for several of the procedures of the quality of the specific rules of evidence for the building. In addition, evidence of rules of evidence of the effective operation will take corresponding measures to improve the most important thing is that investigators who appear before a Quality Certification System and experts assistants.