Research On The Application Of Evidence In Criminal Record

Criminal record as an important part of the criminal case, is not only a reflection of the information related to the case facts, but also to the judicial organs of criminal lawsuit activity objective record. The criminal record as text carrier of criminal proceedings, the level of production quality can reflect the quality of judicial personnel, the operation is reasonable or not can reflect the norms of criminal activities. Lawfully made reasonably use of the record evidence, for the protection of human rights, the credibility of the judicial establishment has a crucial role.This article is divided into four chapters.The first part from the connotation of criminal record evidence and criminal record evidence of the extension of the two levels of evidence to define the criminal record. The connotation of criminal record evidence mainly solve the problem of "what is" criminal record, the extension of criminal record evidence is mainly to solve the problem of the scope of criminal record evidence. Scientific understanding of the application of criminal record evidence, need to have in-depth understanding of the inner meaning of criminal record evidence, accurately grasp its external boundaries, fully understand the position and function of the criminal record evidence in the whole criminal evidence system, thereby not only to look at the integrity of the criminal record of evidence theoretical concepts and institutional arrangements, but also specifically investigate its practical application.In the second part, according to the data obtained from the survey, the situation of the application of criminal record evidence in judicial practice is analyzed. On the basis of 30 cases and 100 parts coupons evidence judgment document, combined with the creative experience in this, the criminal record of the evidence and the overall application of the criminal record of an individual application of evidence were elaborated. In the end, the conclusion is that "the evidence is the basis of the trial, and the record is the core of the evidence.The third part focuses on the application of the criminal record. Given the record of the role of the object is mainly for the three of the prosecution, defense and trial party, therefore this article embarks from the three sides to explore criminal record evidence produced by the positive effect and negative effect. The positive effect of the evidence of criminal record is applicable to the positive effect of the prosecution, it can be proved that the substantive and procedural facts of the case can be proved; on the positive effect of the defendants can help defense lawyers to understand the details of a case, evidence forensics omissions or clues, enhance the capacity of the lawyer’s defense, etc;on the positive effect of trial party can reduce knowledge structure limits the negative effects of the judge, help the judge better coping with the challenge of physical limitations, save the resources, improve the efficiency of litigation procedure, etc. The negative effect caused by the improper use of the evidence of the criminal record is the result of the rigidity of the investigation mode, the evidence chain is difficult to completely closed, etc; the negative effects of the defense of the suspect’s or defendant’s human rights protection is difficult to achieve, the lawyer’s defense is difficult, and so on; the negative effect of the trial produced for the referee was decided in advance, the trial judge is serious, it is difficult to observe the formal proceedings in the modality.The fourth part, from the perspective of judicial response, puts forward the idea of realizing the reasonable use of evidence in criminal record. Firstly, this paper analyzes the reasons why the evidence of criminal record is not reasonable, and the root lies in the imbalance between the evidence studies and the law of evidence,the important influence factors are the litigation structure of "taking investigation as the center", the judicial organization structure of power integration and the litigation value of controlling crime. Starting from the reasons, with the "relative rationalism" as the guidance, the specific measures are as follows: for Scouting side, investigative organs of internal oversight combined prosecutors external supervision, strengthen the investigating authorities control; for the defense, the need to establish a sense of responsibility, comprehensive utilization of resources from all sources for effective defense; on the trial side, it is necessary to carry out the principle of direct and verbal trial, to establish the principle of the court trial.