Research On Rules Of Defective Evidence Correction In The Criminal Procedure

The concept of“defective evidence”appeared in the“rules of evidence”promulgated in2010for the first time.Although some scholars have discussed earlier,but it is the first timeappeared in the legislative provisions.The non-standard behavior of evidence collection existsmassively in reality,although there are legal flaws existed in this kind of evidence,but it isdifferent from the illegal evidence.Slight illegal is the feature of this evidence,so it isdetrimental to the discovery of the truth If this kind of evidence be excluded withoutexception.The concept of“defective evidence”is an important theoretical innovation of theCriminal Evidence Science,for this evidence is classified into three categories from the angleof the admissibility of evidence,overcome the defect that evidence is simply dividedinto“legal evidence”and“illegal evidence”.Furthermore,exclusionary rules which are remedialwere established,so the“defective evidence”can play proof value Reasonable.The"rules ofevidence"enumerates the range of defective evidence,and the principle provisions about therelative legal effects are made,however,there are many problems in judicial practice，whetherwith the definition of defective range,or the understanding of the correctingprogram.Therefore,we should maintain a cautious attitude for this rule.This article willprovide the“rules of evidence”for the view,and combine with the judicial practice in ourcountry,analyze the connotation and the legitimacy base of the“defective evidence”,correctthe problems of evidence and trying to build a relatively complete rules of defective evidencecorrection.This article is divided into four parts:Part Ⅰ:The basic theory about defective evidence will be introduced,It includes thecomparative analysis of defective evidence and illegally obtained evidence,and thedistribution and types of defective evidence in our criminal procedure law will be introduced.Part Ⅱ:I will explore the existing problem of correction of criminal defectiveevidence,through the analysis of the legislative level.Part Ⅲ:I will analysis the legitimacy of the correction mechanism of the defectiveevidence,from the two aspects of the legal basis and practical basis.Part Ⅳ:In this part,i will explore the specific rules on how to construct the correctionmechanisms of the criminal defective evidence in china.the guiding principles of the criminaldefective evidence of correction that be followed is rearranged;and propose solution from the perspective of main part of the correction,the stage,prove responsibility,correction methods,aswell as the correction results of the defective evidence.