The Research On The Related Question Of Evidence Collected By Individual In Criminal Proceedings

The evidence by individual is wildly exist in criminal proceeding.evidence by individual is comprehensive,occasional.It is useful for Finding the truth of the case and penalty crime.But,because of the evidence by individual has wildly principal, and diversified forms. It lack of a operation of mining mode.Resulting in private also exists some infringe the rights of illegal evidence collection behavior.in our country’s criminal procedure law,it does not make clear that the individual whether has the right to collect evidence or not and the evidence illegally obtained by individual whether has the admissibility or not.So.face to the evidence collect by individual.how to adopt?should adopt?It is a question.In judicial practice,due to the lack of a unified system of standard,the judge also exist large differences in the choice problem of private forensics.Therefore.this paper makes a discussion on private forensics,in order to find a mode suitable for the situation of our country.This paper is mainly composed of following parts:The first part is introduction,mainly analyzing a concept,advantages and disadvantages of private evidence in judicial practice to do a brief analysis,pave the way for the following.The second part is private collection of the reality of the situation,mainly analyses the forms of private forensics in practice.at the same time for the current legislation and practice attitude to do a brief analysis.Prominent private forensics faced by the reality of the situation.The three part is related to the personal illegal evidence to deal with the problem of various opinions in this field, and the appeal of. Domestic mainly three viewpoints:that is absolutely excluded said, allow said, and balance. For major foreign to the United States, Germany and China’s Taiwan region as an example, to do not rule out the principle, ruled out as the exception; order of element and the trade-off theory says to do a presentation and analysis, in order to pave the way for the following. The four part of a construction of private illegal evidence pattern processing in china. Through the above our country private forensics of the reality of the situation, discuss the domestic and foreign research results on this problem, in this part, through profits from the domestic and foreign theory, to find a theoretical basis for the processing mode in china. And on this basis to build a suitable for China’s national conditions of the processing mode.Finally the conclusion is the summary of views. Pointed out, we deal with models using private illegal evidence, should be a concrete analysis of concrete problems, not the same as.