The Ldentification Of The ‘New Evidence’ In The Criminal Procedure

In the criminal procedure, the ‘new evidence’ is an important part which plays a significant role in balancing litigation efficiency and finding out the truth. However,there is seldom research about the ‘new evidence’ in the criminal procedure at the present stage.According to the 376 th rule of ‘The Highest Court’s Interpretation of the People’s Republic of China Criminal Procedure Law’, the ‘new evidence’ can be identified as the evidence that have not been collected or proved and might affect the original judgment, conviction and sentence, no matter the evidence is found before or after the rule becoming effective. Moreover, the evidence that might change the record of investigation of the scene of a crime can be recognized as the ‘new evidence’.In our country, the evidence can be put forward at any time during the criminal procedure which means there is no time limit for adducing evidence. The ‘new evidence’ has a determinant influence on the final judgment of the case. This essay would explore the standards of the identification of the ‘new evidence’ at different stages and the effects of the ‘new evidence’ based on the criminal procedure law and the fundamental rationale of litigation.The article first identified what the ‘new evidence’ is, then reflect back the existed legal provision of the ‘new evidence’ in the criminal procedure law with an aim to investigate the defects of the system and further provide some suggestions.This essay is constituted by three parts. In the first part, the ‘new evidence’ will be divided into three different stages based on its identified time and effectiveness. The first stage is the existing and discovering ‘new evidence’. The second stage is the newly explored ‘new evidence’ and the collected but newly presented ‘new evidence’.The third stage is the newly found ‘new evidence’ and the ‘new evidence’ that change the original evidence. The second part is to investigate the problems of standards of identification that existed in the criminal procedure law and the impact on the criminal case that posed by the ‘new evidence’ at different stages. The third stage is to perfect the standards of the identification of the ‘new evidence’ from the aspects of temporality and distinctiveness.The last part constructs a ‘new evidence’ of this program.