A Research On The Crimes Of Evidence And Optimization Of The System

Lawsuit is defined as that citizens use state power to redefine right and obligation that are in the dispute. Evidence is the spirit of lawsuit. The essential of lawsuit is the dispute of evidences from both sides. Crimes of evidence is the criminal action that aims to obstruct fact finding by acting to the evidence in any ways in the process of lawsuit. The hazard of evidential crime is that such crime can achieve the illegal goal by using state power.From'Tang dynasty law', it is traditional to punish crimes of evidence in China. Likewise, criminal laws in other countries also regard crimes of evidence as serious crime of obstructing justice to crack down and establish specific legislative style. According to the point of view of Chinese criminal law and the analysis of the cases involved crime of evidences, lots of flaws exist in both the setup of subprovision crimes and the law system. For instance, some accusations cannot cover all the aspects and lack of logic. The legislation terms of some accusations are not preciseness enough. Reiteration exists in different provisions and the system is chaos. Also, some accusations violate the principle of equality and justice or Chinese traditional ethics.According to situations above, it is necessary to modify subprovision crime of crimes of evidence in order to optimize the system of crime of evidences. According to the system of branch provision of criminal law, it should be divided into three parts, namely the crimes of encroaching national legal interest, the crimes of encroaching the legal interst of society and the crime of encroaching individual legal interst.The crime of obstructing justice should be under the catalogue of the crime of encroaching national legal interest. the revised crime of evidences belongs to the catalogue of the crime of obstructing justice, which contains the following crimes:Crime of Perjury,Crime of Lodging a False Accusation,Crime of Falsifying Evidence,Crime of Concealing and Ruining Evidence,Crime of Interference with Giving Evidence and Crime of Harbouring.