Research On The Rule Of Admissibility About Criminal Verbal Evidence

The criminal verbal evidence shows the case facts in the form of man’s language. Because the verbal evidence has the advantage of not easy to loss, comprehensive and direct, it is often used as a direct evidence to prove the facts of the case, but the verbal evidence is also easily disturbed, there is a possibility of false; therefore, perfecting the criminal evidence rules of admissibility of justice has very important significance on criminal justice.China attaches great importance to the perfection of the criminal evidence rules of admissibility, the newly revised "Criminal Procedure Law" clearly defined the rule of illegal verbal evidence exclusion and the system of witness appearing in court, marks the further standardization of China’s criminal justice acts and the significant progress of the criminal litigation system. But in the legislative and judicial level, the rule of admissibility about criminal verbal evidence in our country still has some problems, such as, the judicial interpretations have inconsistent definitions on “torture and other illegal methods”, in the case of illegal methods to collect verbal evidence still exists, the difficulty of witness appearing in court as a witness, etc.In view of the above problems, In this paper, select the United States, the United Kingdom as the representative of the common law countries, Germany, Japan as the representative of the continental law countries, and the United Nations as a representative, comparative study of extraterritorial criminal evidence rules of admissibility, derive the beneficial experiences enlightenment to our country, including, a clear definition of "torture and other illegal methods", improve the lawyer’s presence right, the whole process of synchronized audio and video recording and other related supporting system, perfect cross examination system, etc. And on the analysis of the necessity of perfecting the criminal evidence rules of admissibility system in our country, put forward specific ideas.The choice of the criminal evidence rules of admissibility as a research topic, it has certain significance in both theory and practice. In theory, the study further understanding and form a complete system of criminal evidence rules of admissibility of thinking; In practice, by putting forward the concrete ideas, in order to build up the further standardize judicial conduct, ensuring the justice of testimonial evidence admissible rules system to provide reference.