The Evidence Classification And Judicial Application Of The Self-writing Materials Of Duty Crime

Self-writing materials are writing materials which are written by criminal suspect or defendant about his own criminal facts when he is under investigation by the disciplinary authority.Whether self-writing materials can be took as criminal litigation evidence,still need further study considering the legal theory,laws and judicial practice. There are three main-stream theories about self-writing materials on properties of evidence,Evidence Theory,Quasi-evidence Theory and Non-evidence Theory. In the meantime,on classification of evidence,there are also three theories,the defendant confession of oral evidences, documentary evidences of physical evidencesandindependent evidence type. How to position and cognizethe classification and probative of the self-writing materials is not only depend on procedure evidence lawsuit, but also depend on the cognition of the influence of self-writing materials on anti-corruption and anti-duty crimes.How to balance legal normsand judicial practice is an important issue to explore materials classification and judicial application ofself-writing materials. In judicial practice, how toreviewand apply self-writing materials, recognition of the special relationship between defendant and confession subject,procedure cohesion and evidence cohesion, are also important issues on self-writing materials. We should also explore and improve case clues communication mechanism, file system and human rights protection systems.There are six parts of this paper:The introduction part introduces the topic background, the basis and the research value of the self-writing materials and its classification and judicial application;The first chapter introduces the basic situations of self-writing materials on duty crime, concept of discipline materials, concept and application situations of self-writing materials and its applicable conflicts and difficulties;The second chapter introduces theprerequisite question of the classification of self-writing materials which is also known as the properties of evidences question, includes Non-evidence Theory, Quasi-evidence Theory, and Evidence Theory.This paper also makes a comparison between those three theories and their legal or practice basis. In this part, author presents her own viewpoint.Thethird chapter introduces specific classification of evidences, including the defendant confession of oral evidences, documentary evidences of physical evidences and independent evidence type of the self-writing materials;The Fourth chapter introduces judicial applicationpath of the self-writing materials, including review rules,applicablerules and eliminating rules, exploringeffective connectionbetweendiscipline inspection materials and criminal litigation evidence;The fifth part is conclusion.