Study On The Admissiability Of Evidences Of The Initially Examing

In order to prove the cases whether achieve the criminal conditions or not,initially examing which before the criminal act activity has become a necessary procedure in the judicial practice.On one hand,the initially examing plays an indispensable role in identifying source of cases. The quality of initially examing directly determines the success or failure of the case investigation. On the other hand, initially examing not only provides the punishment of offenders, but also provides protection to the innocent.lt effectively avoids miscarriages of justice and fully embodies the human rights protection in the modern spirit of law. However,our country’s "Criminal Procedure Law" and relevant judicial interpretations have not defined "initially examing" clearly,the legitimacy of the initially examing behavior has been questioned seriously. Conflict between the practice and specification has appeared.What’s more, it lead to the arguement of the evidence which obtained by the initially examing (referred to as initially evidence) whether can be used as criminal evidence in the criminal procedure.There are five key factors affacting the the admissibility of the initially evidence,including the legitimacy of the initially examing, the forms of evidence, the means and the subject of obtaining the evidence,and the start mode the criminal procedure.In this paper, firstly,I define the concept of initially evidence according to the provisions of relevant laws and the practice of initially examing,and analysis the nature of the initially evidence collection behavior and the influence of the initially evidence.Secondly, I discuss the theory of the admissibility of initially evidence and the influenced factors of the admissibility of evidence.Finally, I focus on how to solve the admissibility problems in the practice and try my best to realize the the admissibility of initially evidence.This article is divided four parts, the full text30,000characters.The first part is the summary of initially evidence.This part mainly introducts the nature of the initially examing.It’s the basics of the admissibility of initially evidence.Next,this part tells about the function and effects of the initially evidence.The second part is the admissibility of evidence.In the beginning,I discuss the basic theory of the admissibility of evidence.Then,I summarize and comment the different views of domestic scholars on the admissibility of evidence.At last, I sum up the five major factors affecting the admissibility of evidence.The third part is the problems of initially evidence in the judicial practice. The fourth part is the path to realize the admissibility of evidence.First of all, put forward a series of solutions from the legislative and judicial oversight perspective.In the next place,establish a series of principles for the admissibility of initially evidence in line with China’s national conditions.The conclusion part stresses that we should treat the initially evidence rationally.To solve the problems of the admissibility of initially evidence in Chinese criminal procedure practice.