Study On Chinese System Construction Of The Private Forensics In The Criminal Procedure

In the modern criminal litigation legislation and judicial practice, the evidence is the core of the entire criminal proceedings, the court is basically around the evidence. Currently, the investigating authorities basically monopolized the criminal investigation. In criminal proceedings, the defense counsel basically copy the prosecution files as a focus. In recent years, with the reform of the judicial system of our country, strengthen of the adversarial system,the appearance of “Secretly recording” and the events of reporter unannounced visits, the phenomenon of the private participation in criminal evidence is more and more. In our country, more and more scholars began to concern in the field of criminal private forensics. This is undoubtedly a great role in promoting the development of the criminal legal system of China’s private forensics. At present, China’s criminal legislation in addition to the lawyer gaining evidence has made the simple specification.The other private forensics is not involved. Criminal legislation in the piece of private forensics is still in a vacuum. Our country has many scholars studied the problem of private forensics in criminal proceedings. But Chinese scholars mostly discusses the problems of private criminal evidence from a certain angle. Few scholars discusses the private criminal evidence from the system level comprehensively and systematically.Private participation in criminal forensics as an important complement to public authority in criminal forensics, not only helps to identify facts of the case,preserve the justice of entities, save resources for investigation, Improve the efficiency of criminal proceedings, but also advantageous to strengthen the defense ability of forensics, supervise and restrict the exercise of the authorities of the national investigating, maintain control trial balance, promote fair proceedings and promote the process of judicial system reform in China.Based on this, this article through the literature research, historical analysis, the current our country private in criminal litigation forensics faces problems and research status at home and abroad were analyzed, and the focus of scholars dispute as in the subject position of private criminal evidence, evidence of illegal access to personal effectiveness and so on has carried on the summary, proposed in this paper,the main research method, content and innovation points; Then using qualitative analysis method, the concept of "private forensics" the basic definition. "Private forensics" but without public power intervention in evidence collection behavior of individuals, legal persons or other organizations. At the same time is made of the connotation and characteristics of "private forensics" the thorough analysis, put forward the private criminal evidence from the investigation organ sign of investigation activities, namely non-mandatory means in accordance with the right to obtain evidence and evidence collection; Then through to the private legal theory and the reality behind the criminal evidence the need for in-depth discussion, put forward the private criminal evidence system to construct the theoretical basis and practical basis; Finally private criminal evidence system of our country to construct concrete system was put forward, mainly including the main body of private criminal evidence,evidence collection method and the scope, private illegal evidence exclusion and guarantee of private participation in criminal evidence supporting system, and so on.