A Study On The Problem Of Defects In Criminal Trial In China

In our country on the concept of litigation habitual to punish crime and pursuit of substantive truth as the focus, to safeguard human rights and procedural justice neglect led to the emergence of a lot in violation of the statutory procedures, illegal method to collect the illegal evidence and being evidence of defects. Due to heavy pressure of cases, major tasks,even if found to collect evidence of procedural law, or found to collect evidence of flawed still neglected and ignored, lead to miscarriages of justice when some of the.In our country before the judicial proceedings, there are some flaws of the individual entities, the evidence is still as a basis for the identification of cases. Although such evidence dubbed "defective evidence" of the name, due to "name is not correct, words will not ring true and secretive embarrassing presence, also attracted social from all walks of life and the legal person’s criticism. With the introduction of " the provisions on Several Issues concerning the exclusion of illegal evidence in criminal cases " and " for review of death penalty cases judge evidence of a number of issues on the provisions and implementation,our country is clearly illegal evidence exclusionary rule, as the judicature staff to promote litigation activities of evidence and guidance. But regulations on Several Issues concerning the exclusion of illegal evidence in criminal cases and the management review of death penalty cases judge evidence of a number of issues on the provisions in both the provisions of the illegal evidence, and the slight defective evidence related definition and how the two kinds of evidence into line clear distinction and in litigation activities in the how to apply, is an important problem that needs to be solved urgently in the current judicial work personnel.In evidence, the flaws evidence how to improve and perfect the examination and correction of the defective evidence program etc.. Combined with the basic theory of the defective evidence, through collecting, finishing in the practice problem, for future legislation and improve extract of slight defective evidence for correction of immature opinions and suggestions.