Correction Of Defective Evidence In The Criminal

The theorist of our country have not researched on the defective evidence in a systematic way at the present stage. The researches from independent perception are few, only being referred in the comparison of the related concepts. Under the traditional way of thinking, the opposite of legality of evidence both on content and on form is illegal evidence, which is too general and to the disadvantage of the intensive and systematic research of the theory of evidence. For that kind of idea ignores that every evidence has its distinctive attribute. The one-or-the-other way to classify evidence form is unilateral, for evidence form is a complicated theoretical system. It will become more complicated when it combine with the fact. The evidences are between legal and illegal are too numerous to mention in practice. The general classification has no guiding significance to the practical problems. So, new path has been found that scholars proposed that it is necessary to bring in the concept of defective evidence, facing the complicated evidence problems.The execution of every institutional design can’t do without the practical soil. The final purpose of the theoretical research is to solve the practical problems. The system and conception which are out of touch can not exert its value. This dissertation is under the perception that whether the theoretical entry point of defective evidence or the correction system of criminal procedure defective evidence must be established under the environment of our country’s judicial system. To confirm the realistic possibility of the system, a comprehensive consideration of the traditional legal system background and public’s acceptability must be given. Criminal policies also play a great role in it. Defective evidences crop up frequently, which make it be an inevitable problem during the judicial process. Under the premise that procedural thinking become popular and wide acceptable, it has a strong practical necessity to establish our country’s criminal evidence correction system. In the process of designing the system, not only the local environment should be considered, but also the successful experiences of other countries can be imitated in a reasonable way. A feasible and practical defective evidence correction system’s enacting can fix the theoretical blank of China’s criminal procedure in a innovation way.