The Judicial Remedy Of Criminal Slight Defective Evidence

Criminal evidence has a vital role in coping with criminal case, but the law about evident regulation isn’t perfect. There is little regulation about evidential effect before the two regulations, so a lot of slight defective evidence enters into trial procedure and leads to unfair situations. There is much slight defective evidence in practice, using different methods to solve it and having different opinions of it,so the authenticity of slight defective evidence is doubted. In a word, it needs to establish the rules of judicial remedy based on our national conditions to regulate the methods of slight defective evidence and to ensure the smooth operation of the criminal procedure.Researching the slight defective evidence is good for realizing entity j’ustice and procedure justice and is advantageous to implement judicial justice. The paper is on the basis of studying foreign cuntries’good methods about slight defective evidence, conbining with our country’s practice and puts forward proposals on establishing the system of slight defective evidence remedy. Around the topic of slight defective evidence, this artical is divided into six parts to interpretate it:The first part mainly illustrates the overview of slight defective evidence, including the several definitions and characteristics of slight defective evidence and introduces the differences between slight defective evidence and illegal evidence, then finally provides the explicit definition of slight defective evidence and many forms of slight defective evidence.The second part introduces the foundation of slight defective evidence remedy. This part includes theoretical basis, legal basis and realistic foundation, analyzing the rationality of slight defective evidence remedy from different angels. The author believes it is imperative to establish the system of slight defective evidence remedy.The third part mainly analyzes the theories of foreign slight defective evidence remedy, then illustrates main countries’of Anglo-American law system and continental law system about regulations and methods of slight defective evidence remedy. Because of different countries’condition, they have different methods of slight defective evidence remedy, therefore our country should be based on our national situation to establish the system of slight defective evidence remedy.The fourth part introduces the present situation of slight defective evidence remedy, mainly including academic theories and the ways of coping with slight defective evidence remedy. It also illustrates the advantages and disadvantages of theories and paves the way of establishing the slight defective evidence remedy system.The fifth part introduces the defects of slight defective evidence remedy and analyzes the causes from the concept, legislation and the judicial angels. The author finds the main cause is that there is no clear provision about slight defective evidence remedy in the law. Of course, there are many other causes,such as the narrow scope of slight defective evidence, the unclear remedy measures of slight defective evidence.The sixth part puts forward to the ideas of procedure about the slight defective evidence remedy. This part aims to build the system of slight defective evidence remedy from consummating legal system and supporting system.On one hand it formulates the clear standard of slight defective evidence remedy. On the other hand it builds concrete regulations of slight defective evidence remedy and relevant supporting system.