Evidence Capacity Issues Private Diary

In recent years, our country frequency" Diary gate" incident, caused the greatattention of the society,as the" core personal privacy" carrier--private diary can beused as evidence is made public and law experts to discuss one of the most popular.Private diary belonging to" core personal privacy" category, is a special kind ofdocumentary evidence, China now does not deny the evidence status, but this and theprotection of personal privacy in apparent contradiction, including how to weigh,worthy of study.Domestic academia at present for diary evidence ability problemthere is little research, most scholars are around privacy this category do articles, thereis no specific elaborate, so in a personal diary evidence of the ability of problem, ourcountry nowadays somewhat lacking in legislation, in practice, not enough attention,resulting in the emergence of many problem.In the face of such situation, we urgently need to private diary evidence capacityregulation of.This article from the private diary use as evidence of the legal nature ofthe introduction of the private diary, evidence of the ability of concept and establish aprivate diary evidence ability the necessity of the system, the establishment of aprivate diary ability of evidence system has great theoretical and practical significance.Through to the private diaries were the type of analysis, combined with foreignlegislation and practice, finished our country private diary evidence ability byapplying principles of conception, and then on the foundation of conception, fordifferent types of private diary of evidence ability problem undertook thorough andconcrete analysis, balance the fight against crime and the protection of human rightsin criminal litigation the two objective, perfection of China’s Criminal Procedure Lawon the private diary of this particular documentary evidence protection mode,resulting in cracking down crimes at the same time, greatly guarantee the criminallitigant’s personal privacy.