A Study On The Practice Of Evidence System In China

The evidence is the core of the criminal suit, investigation, prosecution,examination and other activities of criminal suit are around evidence collection,proof, testimony, acception, exclusion and other issues. Evidence base for theactivities of both the criminal proceedings, but also in accordance with facts of thecase. Provisions of the Criminal suit provide evidence very little evidence, and theprovision are more principles, general, no maneuverability, the evidence hasbecome a constraint of the correct implementation of the Code of CriminalProcedure institutional barriers. The newly revised Criminal Procedure Lawevidence from the definition, types, standard of proof, the burden of proof, illegalevidence exclusion of the evidence made more comprehensive, complete system,meaning there is a lot of progress, but it also requires further study. The revisedCriminal Procedure Law since January1,2013implementation, has beenimplemented for one year. The new Code of Criminal Procedure of evidence injudicial practice how the system of operation? What are the problems encounteredin the judiciary in judicial practice? The revised to address these issues, the authorof the public prosecutor, the three agencies juye County, Shandong Province as anexample of the operation of the new Code of Criminal Procedure practice evidencesystem conducted an investigation. The main contribution of this paper is a revisedpractice through case study evidence system running on the new Code of CriminalProcedure modified to provide theoretical guidance for the proper implementationof the new judicial practice in the Criminal Procedure Code, but also conducive tothe improvement of China’s Criminal Procedure Law.The revised paper is divided into five parts: The first part is the introduction, describes the purpose and research methods topics. The main purpose is the topicof the new Criminal Evidence System modifications in judicial practice, the actualoperation of the research, and noted that the operation of practical experience andproblems. The survey questionnaire filled out face to face interviews and site visitsin three ways.The second part of the revised legislation changes the status quo, the maincontent of the revised Criminal Procedure Law of Evidence: increasing evidencethat species, perfect witness, expert systems, additional experts who assist system,the establishment of illegal evidence exclusion system, a clear standard of proof.The third part is the practice of the revised operation-to juye County in ShandongProvince as an example, the author of Juye after public prosecutor, the threeagencies for the actual research, summarized the evidence Juye system isimplemented in implementation experience, and pointed out the implementationproblems and cause analysis.The fourth part of the revised system is for research in evidence in theimplementation process of the problems Legislation, mainly to improve thefollowing aspects: improving the Witness System, refining the content of witnessprotection, police clear obligation to testify, enhance appraiser court protection.The fifth part is a summary.