Defective Evidence Remedy System Research

The new "criminal procedural law", in the form of law has been clear about the defective evidence has workability and remedial value. Criminal evidence, as the important basis to judge the judge ruled that the facts and, occupies a core position in criminal lawsuit activity. Accordingly, as legal can remedy the drawbacks of evidence, based on its presence and role in the lawsuit activity, has the value of further research.In practice, on how to remedy defects evidence, has been the practice, in theory, the study of the remedy system also has the certain results.But there is still no to the remedy system have a systematic study, also does not have a mature remedy rules for operation.The paper based on the inspection defects remedial operation status of evidence, reflect on its status quo, to seek to perfect the remedy system of feasible path, so as to provide feasible for remedial system run efficiently.Based on a grass-roots court 100 criminal cases involving defective evidence as analysis object, the remedy system operation condition was investigated.The study found that remedial program, the court is not neutral, the prosecution is strong, the defense is ignored, in particular, the initiator is not open, the defense right is not yet available;its executive program, the defense is absent, the investigation organ to perform supervision, absence of late, pushing up remedy; the review process, the defense information not sure; the cross-examination program, the problems such as unbalanced and defendant.Reflection on the status quo, remedial program in the defense absent, who is the defense the loss of the subject of litigation and defense rights weakening, and the defense to participate in remedial program, is to recover its defense rights, realize the request of the principal position of the program, conform to the law of litigation.In view of this, the author, in the remedy system to allow lawyers to participate in limited usually person (the defendant) remedy procedure, and establish the concept of its participation, delimit limits of their participation, participation in the process of design, with its participation in the right, in order to realize the remedial system run efficiently.