The Research Of Defective Evidence

Judicial reform determines and establishes lifelong system of cases, once miscarriages of justice is found, responsibilities of the judicial staff shall be investigated, which includes internal responsibility and even criminal responsibility. Impact of defective evidence itself on the case requires the test of time. However, the defective evidence is a small problem compared with illegal purposes, which will not cause so much harm like illegal evidence. So, in the process of using the defective evidence, it shall be guaranteed that the defective evidence will not cause miscarriages of justice.In the field of criminal procedure, the role of the defender in the exercise of the right to defend the defendant is well known. Therefore, the rights of the defendant directly affect the interests of the defendant. In the review of defective evidence, relatively loose standards are adopted. So in order to ensure the relative balance between the prosecution and the defense, rights can be relatively given to the defender to participate in the interrogation of the criminal suspect, which can not only ensure the reduction of defective evidence, but also can effectively prevent the unnecessary trouble caused by defective evidence in criminal cases.When the defender is in the exercise of his defense, some points which are difficult to be "accepted" by the prosecuting party are often put forward. Some flaws of defective evidence are very small. If the defender presents objection against small defects of the prosecution party, which is likely to make the other side and the court disgusted. In the system, the defender is stamped with the charge of "obstructing the order of the court". Reversely observing the prosecuting party, no matter what kind of comment is published, it is in the performance of duties and will not cause backfire. Therefore, only in the framework of the existing legal framework, legitimate rights and interests of the defender will be guaranteed not to be violated.Defective evidence is produced in the investigation stage. Investigation procedure itself also leads to defects. Defenders put forward the defective evidence aimed at certain evidence, of which its essence is to challenge this evidence behind the investigation behavior and is a kind of objection exercise of public power of citizens. The purpose is to protect the legal rights and interests of citizens from infringement. At the court hearing stage, if there is a defender presenting defect and objection against the evidence provided by the prosecuting party, as long as there are clues or evidences to prove the existence of defects and because of this, the defender defends against the prosecuting party, he will have the right of being exempted from review of "obstructing the order of the court".