A Research On The Application Of Record Of Inspection And Examination In The Practice

As one of the most important approaches of criminal investigation,inspection andexamination has great significance on clearing up a case and collection of evidences. Thetranscript of inspection and examination not only shows the whole process of inspection andexamination, but also represents the situation of crime scene and evidence collection at thecircumstances by investigation personnel. However, different from the provision of CriminalProcedure Law of China, the independent evidential situation which provided in Rule131,has not been attracted full attention for the transcript of inspection and examination from thetheorists and practice of the criminal justice. In criminal judicial practice, Du Peiwu case, as atypical case of a series, has manifested the problems of the transcript of inspection andexamination. This thesis has adopted the method of empirical research, investigation,researching on the issues of the transcript of inspection and examination both in academic andin practice.This thesis is divided into four parts, the main contents are as follows:The first part ofthis thesis explains the basic theory of transcript of inspection and examination. In this part,the author starts with the definition of transcript of inspection and examination, then states theinterpretation of the nature of transcript of inspection and examination, and makes aclarification of the relationship between transcript of inspection and examination with theadjacent concepts. On that basis, the author analyzes the independent evidence status of thetranscript of inspection and examination, and interprets the basic standards of probative forceof the transcript of inspection and examination.The second part of this thesis adopts the method of substantial research. In this part, theauthor analyzes how the transcript of inspection and examination function in criminal judicialpractice, sets forth the existing relevant problems in different types of cases. The third part of this thesis summarizes the situation of operation of the transcript ofinspection and examination in criminal judicial practice, it further explains the problems andcauses in the process of review and judgment of the transcript of inspection and examinationby judicial practice department.The forth part of this thesis makes an analysis to the problems put forth in the third part,and proposed measures to the correspondent solution. Firstly, establishing Direct and WordPrinciple and corresponding rules of evidence in the court trail; secondly, putting forwardsuggestions about the specific improvement of the evidence system of the transcript ofinspection and examination.Through the research, the author maintains that the transcript of inspection andexamination should possess a special form of evidence because of its unique connotation anddenotation, different object of proof and application methods from other forms of evidence.Meanwhile, the major problems of transcript of inspection and examination in criminaljudicial practice are: the review of the transcript of inspection and examination is superficial,just emphasis on the form; while neglecting the review to authenticity and legitimacy.Although the evidences that the judge relies on to determine the fact could reach mutualcorroboration, it will not rule out the possibility that the suspect is not guilty. Therefore,reviewing authenticity and legitimacy,and bringing out further specification of impeachmentrules should be the emphasis of the reform of the system of the transcript of inspection andexamination.