Research On Mode Of Defective Evidence Correction In The Criminal Procedure

Most of external manifestations of the defective evidence are theimperfections of obtaining and saving evidence, or the impoliticness ofthe means of obtaining evidence; the fundamental causes of the defectiveevidence are the imperfections in the legislative level, the investigationand evidence collection personnels’ lack of consciousness of evidenceand etc. Therefore, the authenticity of the defective evidence is alwaysquestioned, which makes the adoption principle of such evidence be indispute. It is an essential problem relating to the criminal policy of acountry that whether the detective evidence with minor offenses can beexcluded. In order to carry out the implementation of the criminal policyof our country and to prevent the currently overcorrection of proceduresimpartiality, it is necessary to affirm the litigation value of the defectiveevidence, give the clear definition of it, and develop appropriatecorrection mechanism to give full play to its important role in the litigation activities. Through a comparative analysis of the relevantlegislation and judicial experience of extraterritorial defective evidence,the writer determines the relevant definition of defective evidence anddesigns a correction mechanism for the defective evidence combined withthe newly revised Code of Criminal Procedure and our judicial practice.The thesis is divided into the following five sections:Part Ⅰ: The defective evidence is analyzed and defined by studyingthe concept, characteristics, scope and causes of defective evidence.Several different domestic viewpoints towards the legal effectiveness ofdefects evidence are presented. The writer also does the comparativeanalysis of defective evidence and illegally obtained evidence.Part Ⅱ: The research studies the concept of correction of defectiveevidence, and analyzes the necessity and feasibility of building correctionmechanism of the defective evidence.Part Ⅲ: The correction mode of the extra-territorial criminaldefective evidence is examined, mainly related to the counties on behalfof the common law and civil law, such as the United States, Britain,Germany and Japan.Part Ⅳ: The writer explores the existing problem of correction ofcriminal defective evidence, through the analysis of the legislative levelcombined with practical cases.Part Ⅴ: In this part，innovative construing of correction mechanisms of the criminal defective evidence is constructed; the guiding principlesof the criminal defective evidence of correction that be followed isrearranged; it examines the design of the system and its supportmechanisms from the perspective of main part of the correction, the stage,prove responsibility, corrections, as well as the correction results of thedefective evidence.