The Criminal Evidence System In China

The rule of criminal evidence includes rules and principles and prescripts about the concepts of evidence in criminal proceeding and achieving evidence and providing evidence and affirming evidence, which are ruled and affirmed in law. As an important component of a civil law system, it has a final significance to the realization of criminal law. Because the law on criminal evidence is still lacking and fundamental, it is rather difficult for justice to affirm evidence. Along with the coming on of principles on evidence in civil litigation and administrative tribunals by Supreme court. The special lawmaking on criminal evidence will be carried though presently. The penman runs for the rule of criminal evidence and assay the shortage of it in China now days, combining with practical situation in criminal trial, and expound proposals to innovate and consummate the rule of criminal evidence.First, the generality of the rule of criminal evidence; In this part, the penman defines the concept of evidence and implication and expressive forms and the rule of criminal evidence. Moreover, emphasizes on explaining its important significance to the realization.Second, the historic evolution of the rule of criminal evidence in China, As an important component of a civil law system, the rule of criminal evidence appears with different sorts of the rule of evidence in different countries. In the development history of Chinese society, there had appeared with three sorts: the ancient rule of evidence, the intimaterule of evidence and the modern rule of evidence.Third, the analysis to the content and constitute of the rule of efficient criminal evidence in China. The material contents of the rule of criminal evidence in national law include three parts: the rule of achieving evidence and the rule of providing evidence and the rule of affirming evidence. In this part, through the assay of the content and composing of the rule of criminal evidence, the penman expounds the shortage of current law in China.Fourth, the proposals to innovate and consummate the rule of criminal evidence; Aiming at the practice of criminal trial, the penman advises some proposals: setting up the rule of "criminal witness"; establishing the rule of illegal evidence restricted exclusion and perfecting the rule of witness' appearing in court.Because of the importance of the rule of criminal evidence, it becomes very important to strengthen the lawmaking on the rule of criminal evidence. Only in this way, can necessarily direct the criminal trial and be propitious to the realization of the criminal law.