Discipline Inspection Evidence Lawsuit Research

Criminal litigation evidence is the foundation of judicial justice, is the core of the criminal proceedings and cornerstone, is the key to find out the case facts. Compared with a sound legal system countries, the legal construction of our country starts relatively late, legal theory research is not thorough, directly reflect the lag of legislation, criminal litigation evidence law is no exception. Today there was no evidence of a special code, the provisions of the relevant evidence referring to procedural law and substantive law, the scattered distribution led to the lack of rules and conflict.In the criminal lawsuit is the most prominent problem is not set up special rules of evidence, especially in the lack of standards, resulting in the practice of evidence whether or not to accept any dispute outside the litigation procedure. While the administrative organ of the criminal procedure law in the process of administrative law enforcement and investigation cases collected evidence can be used in criminal lawsuit, promote the administrative evidence and cohesion of criminal evidence, evidence for administrative lawsuit provides legal support, but because of the provisions are too general, did not specify the specific scope of the transformation and transformation path, nor to clear of discipline inspection can lawsuit evidence, and the lack of operability, has academic and practical departments are still controversial. To make it not reduced to a big and empty slogans, must have an in-depth research, strive for an early gives its vitality, enable it to better guide judicial practice, the realization of ultimate safeguard human rights and punish crime criminal litigation purpose.