The Study On The Legitimacy Of Evidences In The Investigation Of Post Crimes

Post crime is a social phenomenon arising from the emergence of national public authority, which is a chronic illness that is attached to tributary of the national body and affects the normal operation of the state. The countries around the world hold crimes investigations to untiringly fight against all types of crimes. The investigation of post crime has its own characteristics, so its evidence has its own characteristics too. This paper bases on the analysis of these characteristics, combing with judicial practice, in order to post evidence of criminal investigation in the field of the legality of the main line, focus on preliminary investigations, special investigative techniques, investigative (forensic) subject to change situations such as the legality of the evidence-depth study, which proposes some of the ideas to strengthen the legitimacy of evidence in the investigation of post crimes in an attempt to prevent the production of illegal evidence to the utmost extent.This paper consists of five parts except the introduction and conclusion, with about 24 thousand words.The first part analyzes evidences in criminal proceedings and points out that the conceptual meaning of "evidence" mentioned in this article is the broad material evidence in criminal proceedings. Then it introduces several features and several elements of legality of the legitimacy of evidence in the investigation of post crimes. All of these produce theoretical groundwork for the discussion of the legality of the evidence produced in practice from three aspects.In the second part, based on the explore of the concept of primary investigation, the author proposes and describes that the evidences from a preliminary investigation can be legal as long as they are in accordance with the relevant requirements, namely, the evidences obtained by legal means can be evidence used in litigation with legitimacy, combing with analysis of the relationship between the preliminary investigation and the investigation set by relevant laws and regulations and judicial practice, as well as comparing several academic point of views.In the third part, the author defines the special investigative means by referring to the "United Nations Convention against Corruption" and the spirit of the agreement, and lists some of the provisions on the legitimacy of evidence obtained through special investigative techniques in other countries by using the way of comparative analysis. Then the author puts forward legislative proposals combing with Code of Criminal Procedure, expecting that special investigation can be established in legislation to enjoy the right to investigate post crimes with special investigative means by the special prosecutors, so as to effectively and timely accomplish investigations and evidence collection.In the fourth part, the author respectively illustrates issues of evidence legitimacy triggered by the changes of the subject of the investigation in the investigation practice. This part focuses on the issues of evidence legitimacy caused in the cases that public security organs misplaced the jurisdiction of the crimes and obtained from the discipline monitoring agencies when handling cases in criminal proceedings. Finally, it describes issues of evidence legitimacy caused by the changes of the investigation subjects and subjects of obtaining evidence.In the fifth part, the author proposes a series of ideas as to strengthen the coordination mechanism of internal investigation in prosecuratorial agencies known as" integration of investigation and prosecution" and to establish the system of the presence of investigators in the court in order to effectively ensure the collection of legitimate evidence in post criminal investigation and as possible to eliminate the production of illegal evidence.