On The Use Of Indirect Evidence To Settle Case In Criminal Judicial Activities Of Our Country

With crime being conducted in an intellectual,secret and organized way,there are more cases involving indirect evidence merely. In view of the emphasis on direct evidence to support the fact affirmed by judge, I think it is necessary to rethink and give full play to the role of indirect evidence for verdict. Methods for demonstration including comparison,argument , example illustration are used in the paper , analyse indirect evidence application situation and reason currently,demonstrate the necessity and rationality to finalize with indirect evidence, and put forward a series of measures and attention points, I hope these are useful in the activities of criminal judicature.The article has about 2 million words, main points as follows: though the criminal procedure law of our country do not make a specific regulation about effect of indirect evidence, the law Article 46 implies its validity of verdict .many judges almost utterly unwilling to decide on the basis .,which restrict the need to fight crime at present ,there are various reasons for the situation:in china,it paies more attation to the verification mode and does not acknowledge doctrine of discretional evaluation of evidence, which leave blank of system in deciding on the basis of indirect evidence , besides, misjudgments system for investigating brings greater pressure to bear on trial; judicial personnel are reluctant to find fact according to indirect evidence , owing to the objective truth; final process is complicated and judges lack experience of verdict with indirect evidence . Along with the development of information technology and the progress of judicial civilization, It's becoming increasingly difficult to acquire direct evidence, single verification mode more and more can not adapt to the current judicial demand , so it's necessary to play the role of verdict with indirect evidence. Many foreign countries have convicted based on circumstantial evidence, there some rational resons: the final determination of fact experiences a proofing process from a sufficient condition to the necessary and sufficient condition, and apply some logical thinking such as resultant force theory, theory of probability and contradictory; factual inference also relies on experience common sense. it's necessary to take some measures to make verdict with indirect evidence preferably: go out of the mistake area in perception,make some changes from emphasis on direct evidence to balance between, from objective reality to the legal truth; set beyond reasonable doubt standard under the system of free heart syndrome in institution , reinforce train and examination for judiciary to promote the handling qualities and enhance the ability to evaluate freely with heart ;each department of judicial system work with greater coherence to guard a pass for the verdict .Moreover, there are some problems that require attention: review the authenticity of each direct evidence obtained to ensure it's ture ; the indirect evidence is confirmed with each other, not contradictory, and prove the fact collectively; the attestation is required to achieve the degree of probability and be beyond reasonable doubt.