The Empirical Research On Rules Of Defective Evidence Correction In The Criminal Procedure

Defective evidence belong to illegal evidence in the broadest sense of the term,isdueto the investigators in forensic activity against program specification and produce an inadequate evidence.Defective evidence different from illegal evidence,because its justhas minor illegal evidence form and the evidence itself authenticity is still there.If blindly to be excluded, unfavorable to find out the truth case, may indulge crime.But at the same time we should also see,if not corrected activity of defective evidence clear specification,so there will be a lot of illegal evidence to enter the trial link and become case evidence of criterion for the conviction, and raised the illegal evidence exclusion rule, serious damage to the lawful rights and interests of the parties.For now,China has established in the criminal procedure law and its judicial interpretation on defect correction rules of evidence,but in actual operation,the rules for defective evidence corrections areempty.Whetherthe scope of correction, correctionway or correction procedure are lack of specific provisions.In this paper, data and information in the F city inGprovinceand W cityin A provinceprosecution investigation on the basis of the implementation of the revised rules of evidence in criminal flaw empirical research,and for the implementation appears difficult point, the dispute focused on the point, hoping to improve the rule correcting flawed evidence to provide practical ideas and perspectives.Criminal rules for defective evidence corrections based on the empirical research as the main line, which is divided into introduction, defective evidence correction rules for the present situation, the defective evidence rules of evidence to correct problems existing in practice, the improvement of the rules for defective evidence corrections suggested four parts.Introduction:summarize the rules of criminal flaw corrected legislation situation as a whole,definitely defective evidence rules to establish connection with the meaning,points out that the lack of the legislation,such as no defining the concept of defective evidence, no standard revision procedure,atthe sametime introduced the main writing method of this article,such as literatureanalysis,cases analysis, case analysis and interview method.The application on rules of defective evidence correction in the criminal procedure:respectively from the overall situation and distribution of the defective evidence type package scope, definition of defective evidence, correction range, correction mode,correction procedurefive aspects are introduced in details:First of all, through the analysis of survey data found that there are defective evidence in criminal cases a lot and a wide variety,mainly distributed in the documentary evidence, audio-visual materials,recordsof inquests and examinationand statements and exculpation of criminal suspects or defendantsand defense of the four types of evidence;definition of defective evidence part mainly reflects the flaws of criminal evidence and the phenomenon of illegal evidence iseasy to confuse;defective evidence correction range presented expert opinions, testimonial evidence inquest examination transcripts, audio-visual materials and electronic evidence and defective health condition required by law flaws;defective evidence correction mode of the defective evidence receiving part is case workers too usage situation and verbal notification corrected mode;defective evidence correction procedures reflect flaws in the judicial practice of evidence generally corrected time and frequency correction.The problems in the practice of the rules of defective evidence correction in the criminal procedure:It is aim at the first part analyzes the problems reflected, which is divided into five aspects:first analysis the reason of defective evidence in criminal cases is generally;secondly combining with the specific case analysis of defective evidence concept is not clear, the defective evidence and confusion phenomenon of illegal evidence and points out the harm;third is pointed out in the scope of our correction expert opinions, inspection record of inspection, audio-visual material and electronic evidence is not included in the scope can be corrected and words evidence flaws in legislation on the shortage of the two problems and the corresponding analysis;the fourth is the analysis of the defective evidence to correct way, such as the correction method of the law is not specific, and practice case workers seems to be a single abstract compared by means of the corrections;verbal notification corrected way, although the package is more convenient and efficient oral notice, but may damage the interests of the parties;reasonable way of confusion, lack of specification;Finally in the defective evidence revision procedure part points out that the correction term isnot clear,may produce the litigation efficiency to reduce, damage the interests of the parties, and other issues;there is no limit to the number of connection with the may improve the litigation cost, increase the judicial investment and makes some evidence cannot be corrected due to time reasons, is not conducive to find out the facts of the case;due to the lack of accountability mechanisms, some investigators lack the sense of responsibility, is not conducive to the implementation of the rules of evidence to correct the drawbacks.Suggestionsfor perfecting the criminal rules for defective evidence corrections:operability perfect method proposed for the problem defect correction rules of evidence produced in practice,the first rules of evidence in certain defects corrected the generation of defects is proposed on the basis of the evidence is still a kind of abnormal lawsuit activity, shall reduce at source;second, the definition of defects to be evidence of the concept and the difference between the essential characteristics of illegal evidence by analyzing flaws of evidence;the third combination with the judicial practice, suggestions on legislative expert opinions, inspection record of inspection, audio-visual material and electronic evidence included in the scope can be corrected and expanding the scope of the word class defective evidence can be corrected;fourth, the standard package way, defective evidence of shape correction method, limit the use of oral notice correction mode and the reasonable explanation or united text, norms used alone, the premise of reasonable explanation clear proof;final recommendations in respect of defective evidence revision procedure corrected deadline for a month, limited number of correction is made for two and establishing clear accountability mechanism.