A Study On The Proof Of Evidence In Criminal Proceedings

The force of criminal evidence is the role criminal evidence plays and the extent of efficiency it provides in the process from filing by investigation organ to the court for trial, concerning about the confirming or denying of the facts to be proved, in order to help judge form his inner confirmation. The criminal evidence’s probative value is the basis of investigation and breaking cases by investigation organ, is the foothold of reviewing and making a decision of prosecution by prosecutorial organ, whose "booster" of conducting public prosecution, and is the premise and basis of fair judgment by the People’s Court according to the slogan "take fact as basis and take law as criterion", is the core that trial courts hear case facts around, and is the accordance finally making the guilty get legal sanction and the innocent be out.At present, the probative force of criminal evidence is defective in legislation, judicial system and operation and other aspects. Firstly, the criteria of evidence present simplification and uncertainty, the current Criminal Procedure Law of the people’s Republic of China on that case, arrest, investigation, prosecution and trial requires that the case facts are clear, the evidence is true fully; Secondly, the relation among judicial ranks and misjudged case investigation system exert negative influence on judges. Thirdly, the file-transcript-centrism lends to halfway debate over evidences.Fourthly, without institutional restrictions, judges are given too much power when evaluating the credibility of evidences. In view of so many problems brought by the above defects,the writer of this paper calls for the unified and normative rule of probative force. Therefore, in order to purse the justice of both procedure and entity, to reduce the cost of misjudges and improve efficiency, this paper will discuss the rule of negation, forcereduction rule,the rule of corroboration preference rule and etc.