Theory Of The Slight Defective Evidence’s Admissibility

The slight defective evidence exists massively in reality，the reason is that theevidence awareness of investigators is lower and the investigators disobey the law andso on. The slight defective evidence was officer evidence of violation of laws andregulations have caused offence, but it is not against to the constitutional rights ofcitizens, does not affect their objectivity and relevance of evidence, for the discoveryof the facts of the case still has its probative value, so it should be admissibility-principle, exclude as an exception. Since there is no established system of the slightdefective evidence’s admissibility, legislative and academic disputes continue, whichmakes judicial practice in the work of the slight defective evidence to adopt hard toeffectively carry out the work.Addition to the introduction and conclusion this paper is divided into five parts.First part to our present situation of the slight defective evidence’s admissibilityin criminal proceedings as a starting point, mainly introduces the slight defectiveevidence provided in the legislation and in judicial practice of specific practices, andon the evidentiary effect of the defects in China at the present stage in our countrythree representatives conducted a review of the theory. Followed by an in-depthanalysis of this theoretical confused the legislative, judicial, and reason.The second part is the theory of the slight defective evidence. Because of theslight defective evidence is not a term, you must first define the concept of the slightevidence. Second, flaw of objectivity, relevance, slight illegal evidence and effect is the difference between qualitative characteristics with other evidence. The slightdefective evidence and illegally obtained evidence is the focus of the second part ofthe difference, to studies of the slight defective evidence’s admissibility, you mustdistinguish it from illegal obtained evidence.Part three focus on the admissibility of research. Admissibility is an integral partof the common law of evidence law an important factor, for the admissibility of anin-depth study on the flaws I found evidence of adopted or not depends to a largeextent the judge’s discretion, which has made the slight defective evidence’sadmissibility of judicial discretion the principle.Part four examines the slight defective evidence by adopting abroad advancedpractices and experience. I election of the British and American legal systemsbetween China and the United States, Britain and the continental law system ofcomparative analysis of Germany, France and Japan, revealed the two legal systemsfor the different attitude stems from a combination of the slight defective evidence forlitigation of value is different.Part five is the focus of this Article, the writer of my defects in slight defectiveevidence may be taken after an in-depth reflection on, and put forward a concretebuilding defects by the slight defective evidence. The first part in my build systemdefects that can be evidence of the need for and feasibility, the slight defectiveevidence pointed out in the judgment to be taken should be followed on the basicprinciples and standards of judgment, and finally made a specific build my defects ofthe admissibility of slight defective evidence and its companion system path theperfect evidence, which as it should be flawless.