The Comparative Research Of Defective Evidence Correction Rules

Academic researches on "the illegal evidence exclusion rule" are much more than the "defective evidence" rules. At the same time, there are some controversies and opinions about"defective evidence", so this article focuses on "defective evidence", the concrete contents are divided into the following parts.The first part is the definition of the "defective evidence":firstly, the law about it in our country, in the2010provisions which about judging evidence in death penalty cases stipulates some defective issues of collecting procedures and ways, which marked the "defective evidence" clearly established in our country laws;Secondly, the definition of the "defective evidence", there are different points of views about the definition, connotation or scope, and through the analysis of the different views of scholars, the author also put forward some personal opinions.Thirdly, the "defective evidence" and "illegal evidence", the focus is on the differents of them, different investigators’subjective vicious;forensics means illegality in different levels;different probative force and different Evidence Capability;different in affecting the authenticity of evidence;different effects on case of the referee.The second part is the corrections of the "defective evidence":firstly, the reason of the correction, the first is the necessity of "correction", the needs of fighting crimes;the needs of relieving the victims;the needs of the maintenance of justice;the needs of saving the judicial resources.Feasibility of the "correction", the detection behavior of illegal slight is premise condition;our country’s legal environment is the external condition judicial personnel quality enhances unceasingly;foreign practices providing the reference. Secondly,"defective evidence" revision procedure, the first is the process of revision procedure, the investigators put forward written application for correction; the people’s procuratorate examine the corrections in the investigation stage, and the court examine in the prosecution and trial stage. The second is the result of the corrections, defective evidence to be used or be ruled out. Thirdly, the way of corrections based on the American case, the first is corroborative evidence;followed by the parties expressly agree.The third part is "reasonable explanation":firstly, combined with the case discussing the way of explanation, enough legal behavior;evidence will be inevitably found;the defendant tried to give false testimony; investigators testify in the court.Secondly, the reasonable explanation program, reasonable explanation must be made in written form;reasonable explanation can be used only in the condition that the defect cann’t be corrected;reasonable explanation must be proved by specific evidence.