A Study On The Issue Of Criminal Evidence And Documentary Evidence

The defective material evidence and documentary evidence often occurs in thecriminal investigation process. The reason why it occurs is that the existing law is not perfectand investigators do not have higher consciousness forensics. However, there is still a lack ofsystematic study of relatively practical problems for the theory. Criminal Case About SomeIssues of Excluding Illegal Evidence Rules, Several problems about deal with death penaltycases review judgment evidence rules promulgated in2010and People’s Republic of ChinaCriminal Procedure Law newly revised in2012, and all these lead to the chaos state injudicial practice when meets the problems on specific defects physical or documentaryevidence, at the same time, it produces many problems to justice practitioners and themajority of the parties. For real problem arose in judicial practice, clarify the defect evidencetheory and the concept of documentary evidence, forms and legal consequences is particularlyimportant; Based on the empirical analysis of foreign blemishes evidence for the case ofdocumentary evidence to summarize assessment, the comparative study of legislation andjudicial practice defective material evidence, documentary evidence applicable to theproblems; then detailed discussing the evaluation of material evidence and documentaryevidence from the evidence ability and the probative force, proposed rules of thumb and theconcept of due process in Judge judgment flaw physical evidence and documentary evidenceof the key role; finally systematically discuss the the remedy of criminal defective materialevidence, documentary evidence and propose some suggestions for its practical operationalprecautions.