Legislative Thinking And Suggestions On Evidence Crimes In China

Obstructing evidence crime is a kind of important crime type in obstruction of judicial crime.The types of the crime of prejudice to the evidence mainly include the more serious crime of disrupting the authenticity of evidence,forgery,destruction of evidence,concealment of evidence crime,prejudice to committing a crime and fabricating factual crimes.From the existing provisions of China's criminal law,China's legislative regulation of crime against crime is basically modest,but in a small number of evidence on the issue of criminalization,there are still gaps in legislation.This article attempts to study the legislation of the crime of obstructing evidence,to construct a criminal offense legislation system which is reasonable and systematic.In the first part,the author analyzes the present situation and existing problems of the legislation of crime of obstructing evidence,and analyzes the following problems:First,the lack of unified standard of division of charges makes the legislation confused.Secondly,the system of crime of crime,crime and numerous complex,improper charges cross,resulting in ‘want better but worse' phenomenon.Thirdly,the evidence crime system is unreasonable.Finally,the lack of tax relief policy in the legislative policy is not included in the ‘Relative impunity'.The third part,borrowing the extraterritorial experience and combining our country's legislation practice,perfect the crime legislation of the crime of damaging evidence.In the legislative model,adhere to the focus on legislation-based model,supplemented by a single crime model.In the legislative standards,adhere to the type of behavior as the main criteria for classification,behavior objects,the main criminal,the nature of the proceedings for the refinement of the standard.In the determination of the system of charges,to remove unnecessary charges,to correct a defect,increase the number of new crimes,to fill system vulnerabilities.In the legislative policy,full attention to parental rights,into the ‘Relatives impunity' system.