Research On Evidences By Stop And Frisk

"The People's Republic of China People's Police Law" gives the public security organs of the people's police Stop and Frisk in order to combat illegal and criminal activities. Stop and Frisk can be timely and effective prevention, the fight against crimes, especially in some types of crime like drugs. In practice, the public security organs cracked down 70% of cases of illegal possession of drugs are discovered by Stop and Frisk. The police by questioning can detect clues to crimes or criminal acts, a relative reduction of the cost of maintaining social stability, to the small to obtain the great benefits of investment and Stop and Frisk obtained evidences into the criminal evidence, be able to save judicial resources, improve the efficiency of detection.Because of its unique role in inventory and value of police practice, many countries attach great importance to and make full use of it. As Police having greater discretion to the act itself has a considerable inventory mandatory, may be the formation of individual rights and freedoms of citizens to certain restrictions.China in many legal texts recognized the right of Stop and Frisk, but lack of the formation of a certain system of rules system, but the law is too broad and the nature of Stop and Frisk is a dispute.In practice,the law is not good at guiding operations, and to abuse the right of Stop and Frisk.Resulting the evidences by Stop and Frisk obtained were difficulties, and criminal cases also had questioned of authenticity.Stop and Frisk in the timely detection of crime clues or to stop criminal acts, timely collection, and preservation of criminal evidence materials also play an irreplaceable role. Stop and Frisk procedures and standards in the absence of a unified state, may result in people being invaded by the different violations of legal rights, and according to ability to the legitimacy of the evidence requirements, illegal gathering of evidence may be to exclude the application. Evidences of Stop and Frisk into the issue of criminal evidence and the rule of law in other countries have less presence. We need to study how to made rule about Stop and Frisk and analysis of the problems about China's Stop and Frisk and how the practice of criminal evidence, convergence, and how to apply the transformation of evidence has important research significance, value and necessity.Research on Stop and Frisk has been a number of scholars are concerned about our country. The author draws on a number of scholars'theoretical articles and to the results of their research.From the perspective of science of evidence, analysis the result of shortcomings of the existing Stop and Frisk of evidentiary material problems, as well as the inventory of evidence and criminal evidence, the relationship and the impact on the criminal proceedings.This article includes introduction, body, conclusion of three parts, the body parts of a total split into three components.First, the concept of Stop and Frisk, the nature of the rationality of the existence, features a comprehensive introduction;The second is evidence of our police questioning as a problem of criminal evidence, introduced evidence capacity requirements, our inventory of measures affecting the inventory of existing defects in the value of evidence, research evidence of our police questioning as a problem of criminal evidence, how Which, as well as outside the rule of law there is no reason for these problems.Third, the last part of the body to study the evidence of our police and criminal evidence questioning the interface, specifically discusses how the inventory of evidence into a criminal evidence, as well as evidence of application of transformation.