The Studay On The Admissibilitu Of The Defective Evidence In Criminal Procedure

For a long time, the evidence is ambiguous zone flaws evidence theory and practice research. Since China has not yet established specific flaws admissibility system, legislative and academia are also controversial, which makes the work of the judicial practice working hard to adopt flawed evidence effectively. Because of the admissibility of the flaws evidence hasn’t been developed into a system, the admissibility of the flaws evidence can not be able to use in the justice practice. The defective part of the evidence has damaged the legality, the objectivity and the relevance of the evidence. What’s more, it has a bad effect on the evident ability. The study on the way to protect the flaws evidence from appearing and the judgement of the admissibility of the flaws evidence need to be improved. This essay proceeds with jurisprudence of the flaws evidence, analyses the actuality and the common problems of the flaws evidence in the justice practice. Base on the experience on abroad, this essay will think deeply from three aspects such as the considerable factors, the standards of establishing the system and the legal remedy of the flaws evidence to perfect the system which go with the rules of admissibility. Then the the rules of admissibility will be carried out. The essay tries to establish a system on legal remedy of defective evidence. It contains four parts.The first part is about the summerise of the flaws evidence. While it analyses the therists’understanding of the concept of the flaws evidence which helps more explicit the definition standard of the defective evidence. At the same time, it introduces the diferent types of the flaws evidence, the concept of the admissibility and evaluates the diferent theories of the admissiblity of one. By comparing the illegal evidence with the flaws evidence, the concept of the defecitve evidence will be defined father.The second part foucue on analysing the situation of the criminal leigslaton and the juatice practice. Through diferent cases, it will present the defective probem when the investigative organisation is collecting the evidence and taking it into custody.The third part choose the typical leigslaitons of other countries which is from the common law system and civil law system such as,the US,the UK, Germany, Japan, France. By comparing the diference of applicable standards between two kinds of law systems,it will provide a postive reference to establish the rules of the admissibility of the flaws evidence.The last part it provide more specific rules about the admissibility of the defective evidence. By considering three factors such as the considerable factors, the standards of establishing the system and the legal remedy of the defective evidence, it puts forward the the prior and remedial measure to the defect and the procedure of remedy, the exclusion rule of illegal evidence which is associated with rules of admissiblility, the sysytem of supervisory to the investigation and the definition of the lawyer’s right of reading criminal file, so that it will establish a system for the jusitce remedy to the defective evidence.