Rules Of Criminal Evidence Collection

As a major criminal investigation department, Public security organs work in the first line of criminal evidence collection, which determines the public security organs and the criminal investigation of evidence investigators collected the correct understanding and application of the rules is especially important. Our rules of criminal evidence for the theoretical system to be improved, the public security organs in the criminal investigation of the use of these rules, different levels of the operational rules of criminal evidence of this phenomenon needs to be strengthened. This paper analyzes how to make the focus on public security organs functions to adapt to the new situation of law enforcement, when necessary, correctly grasp the criminal investigation evidence collection, the use of the principles of these issues through theoretical analysis, case comparison method, the public security authorities in the investigation described the process of the rules of criminal evidence collection understanding and application to China's Public Security Investigation on the work of some reference value.The article is divided into the following four parts:Part one:Firstly introduce the concept of rules of criminal evidence collection and legislative status quo. Then analyzes the rules of criminal evidence collection system value and practical value, to collect evidence to identify the prerequisite facts of the case, is the top priority in handling criminal cases in the criminal investigation process in strict accordance with the rules of criminal evidence-gathering activities, implementation of the law must be strictly enforced rule of law principles, the basic requirements of administration according to law, will help protect human rights and ensure justice, help to improve work efficiency..Part two: Describes the composition of the rules of criminal evidence collection and application of principles. Rules of criminal evidence collection main content, limited hearsay rules, correlation rules, opinions exclusionary rule, statements reinforcing the rules, against the rules of leading questions, illegal evidence exclusion rule. The principle of the criminal rules of evidence applicable requirements of evidence-based, investigation and study, do not believe in the principle statement, illegal methods to collect evidence against the principle, the principle of verified as evidence, there is ample evidence principle, the principle of loyalty to the truth.Part three: Analysis of the current rules of criminal evidence collection main problems. Lack of clear legal standards of evidence collection, criminal evidence rules do not specifically Legislative insufficient evidence of collection material security specifications ,collection of evidence in absence of effective assessment mechanism, the principles of evidence-gathering rules apply to the use of inappropriate, heavy physical light program ,investigation has innocent heavy, heavy objective and subjective light ,light evidence of evidence-gathering screening neglect comprehensive collection of evidence, rules of evidence collection system requires the implementation of the poor, the illegal evidence-gathering procedures ,evidence not timely, not detailed and not fully , not allowed to grasp the Standard of Proof , Evidence constant awareness of preservation of evidence not ,ignore the use of expert conclusion, the evidence used in criminal investigation to establish inspection and evaluation mechanisms.Part four: Perfecting the system of rules of criminal evidence collection idea. Adjust the rules of criminal evidence collection laws and regulations, to reform the existing illegal evidence exclusion rules, the development Confession rules, amendments to the rules of criminal evidence collection procedures specifications. Rules of Criminal investigation to improve awareness of and establish evidence-based concepts, the concept of establishing a comprehensive collection of evidence to establish "the final judge of the court" concept attention to rules of admissibility of evidence. Improve the system of rules of criminal evidence collection environment, improve administrative law enforcement body strength training to improve the criminal investigation of the hardware conditions.