The Legislative Defects And Perfect Of Evidences Of Crimes

Evidence of crime is normal behavior that refers to the evidence around, to destroy the evidence of content and form, the failure characteristics of objectivity, legality, relevance of evidence, disrupt the proceedings of the judicial organ. The focus of this article is to analyze the defect of criminal evidence, and puts forward corresponding improvement Suggestions for defects. The defects of evidence of crime include:The first, inadequate coverage of evidence of crime, Regulation more qualified for evidence of crime in the criminal lawsuit, while neglecting to occur in the civil, administrative lawsuit has serious harmfulness to the rules of behavior. Perjury behavior, litigation fraud civil and administrative litigation. At the same time for the behavior of the witness refused to testify, hasn’t happened in our criminal law shall be investigated for their criminal responsibility according to law, makes the judicial practice from the wind intensified. In the second place, evidence of crime legislation also appeared to the criminal subject, criminal object regulations unreasonable situation. Some should be included in the main body behavior and did not include, such as the victim of false behavior; some should be included in the main body behavior and did not include, such as the victim of false behavior, article306of criminal law. Thirdly, some crimes legislation language not rigorous, Leads to legal difficulties when applying. Relevant to the rules of behavior, criminal law cannot join with other criminal law is broken, all these reflect the deficiency of the criminal evidence legislation technology. In the fourth, in terms of evidence the punishments of the crime, the penalty approach is not comprehensive. When sentencing did not consider "relatives ", lack of humanistic care. Therefore the author puts forward new opinions about the improvement in a pair of the above defects.