Research On The Admissibilitv Of Defective Evidence Of Criminal Proceedings In China

Criminal lawsuit of our country emphasizes punish crime and human rights protection, to punish the criminal to make illegal evidence for the existence of large space, to safeguard human rights, emphasizes the exclusion of illegal evidence, through long term effort of the theoretical circle and judicial circle, legislation stipulates clearly the illegal evidence exclusion. But in a legal evidence and the drawbacks of middle illegal evidence should be how to position, should hold what kind of attitude, whether has the work ability must give a clear answer, or you must become a hotbed of new judicial corruption and judicial injustice.This paper from the outstanding problems existing in the current criminal defective evidence mechanism, this paper makes every effort to accurately find out the breakthrough point. In this paper, the author first analyzes the background and significance of this thesis writing, secondly analyzes the defective evidence in criminal procedure legal, work ability, respectively, including defect evidence and cause of any defect evidence legal dialysis and defective card work ability discourse; Evidence and then analyzes the flaws in the application of foreign criminal proceedings, respectively from the using of the evidence of defects and the reference to use foreign defective evidence analysis; At the same time, the defective evidence in criminal proceedings in our country are analyzed, including the defective evidence use legislation orientation, defective evidence of judicial predicament, the analysis of the predicament, from flaws in the investigation, prosecution, trial stage to the analysis, and analyzes the defects using problem of the empirical evidence, including flaws in the books lack procedural facts, defective evidence procedural material specification and defects of evidence collection and preservation of omission, etc.; Finally analyzes the defective evidence in criminal proceedings in our country and work ability of the path defective evidence work ability theoretical support and construction rules of work ability, etc, for full text summary.