The Study On The Evidence Ability Of The Initially Examing

Initially examing which before the criminal activity puts on record, has become the detection institution in the judicial practice to handle a case must pass through the procedure. It solves as well as protects the innocent person smoothly at the guarantee case illegal not to investigate the aspect to display the remarkable effect.However because our country's "Law of Criminal Procedure" has not used"initially examing"this concept, caused in the practice initially examing has many irregularity places, the evidence collection main body not the standard, the evidence collection method disassimilation as well as the evidence form is illegal, the immediate influence initially examing attains the evidence the use and the evidence ability gain. This article is precisely take initially examing attains the evidence evidence ability as the center, the union Public security organ, the Procuratorial agency, in the reality handles a case the procedure, in the analysis judicature practice possibly affects initially examing attains the evidence evidence ability the factor, how then discusses theoretically to establish a set to tally with the Chinese national condition initially examing attains the evidence the use rule, satisfies the procedure justice and the judicial efficiency dual requests, found the best balance point between the attack crime and the protect human rights.This article is divided four parts, the full text 30,000 characters.The first part to initially examing attains the evidence the evidence ability outline, mainly from initially examing attains the evidence outline and the evidence ability explanation, about initially examing attains the evidence evidence ability the argument, these three aspects carry on. And initially examing attains the evidence outline mainly from initially examing attains the evidence the characteristic as well as to initially examing with in the related concept contrast discrimination attains the evidence to carry on the introduction. The evidence ability explanation, carries on regarding the hearing pattern and the evidence ability's relations, and discusses our country evidence ability to our country's evidence ability formulation the concrete connotation. Finally, fights to the present educational world about this question makes the brief introduction and makes the analysis one by one to the present existence three kind of viewpoints.The second part is to restricts initially examing attains the evidence evidence ability the factor to carry on the analysis. Divides into the restriction initially examing attains the evidence to enter hearing's factor and the restriction initially examing attains the evidence to become the verdict basis the factor two parts to carry on. And, the restriction initially examing attains the evidence to enter hearing's factor is mainly our country independent puts on record the procedure existence, has separated the continuity which at the beginning of the criminal prosecution investigates, also restricted indirectly initially looked up attains the evidence to become the criminal evidence, entered the hearing smoothly. The restriction initially looks up attains the evidence to become the verdict basis the factor mainly from the evidence collection main body, the evidence collection method, evidence form validity these three aspects to carry on the analysis.the third part is initially examing attains the evidence to obtain the evidence ability the possibility and the necessary analysis. Through to the nature which initially examing carries on the analysis, obtains the detection behavior is to a certain extent initially examing the behavior extension this conclusion, and auxiliary by initially looks up the method non-compulsory, the evidence principle identity as well as the evidence collection main body valid and so on several reasons explained that initially examing attains the evidence to have obtains the evidence ability the possibility. initially examing attains the evidence to obtain the evidence ability the necessity is from evidence resources finiteness, the frugal judicial resources need as well as balance lawsuit value need these angles carries on.the fourth part will be conceives and forward plan these two aspects from the near future discusses initially examing attains the evidence and evidence ability government by law way. In the near future the tentative plan will be makes the big revision in "Law of Criminal Procedure", will put on record the procedure not to carry on the reform under the premise, through to the related system, the procedure will make concrete being accommodating with to stipulate, the standard will initially look up attains the evidence in hearing's use. This part is the value which this article writes is, the author mainly from initially examing attains the evidence the examination principle, the transformed procedure design, the suspect and the accused person right relief, correlation coordinated sets of measures establishment these four parts carries on the design and the proof. The forward plan is in the reform puts on record under the procedure premise, will accept initially after examination into the detection the category, fundamentally solves initially examing attains the evidence the utilization question.