Research On The Rules Of Criminal Record Evidence

The criminal procedure law of our country do not establish the record evidence types,but the evidence has a strong vitality in the judicial practice,improving the efficiency of the criminal procedure effectively,increasing the detection behavior of tolerance,alleviating the the plight of investigators not to appear in court.On the other hand,there are lots of problems,such as the evidence makes the illegal investigation activities to be covered up,the hearsay evidence rules are facing the danger of being elevated,the judicial organs at all levels rely on the record heavily.The reason of this situation lies in the nature of evidence record evidence,namely "three dislike" record of evidence is different from the material evidence,and different from the record evidence,also different from the witness.Therefore,based on the special attributes of the record evidence,i try to sets up the rules of the record evidence in the light of the rules of the admissibility of the recorded evidence,the admissibility rules of the admissibility of the records,and the evaluation of the evidence of evidence.There are six parts:The first part is an overview of record evidence.Expounding the meaning of record evidence,clearing the connotation and extension of the record of such evidence,make the record evidence a comprehensive concept.We can make clear the status of the record evidence in the history of the development of evidence in our country by exploring the historical evolution of the record evidence.This part make clear the detailed types of record evidence,and analyzes the role of record evidence in modern criminal procedure system.The second part is a comparative study on the rules of the record evidence.According to the different legal systems,the author examines the relevant rules of the record evidence in Anglo American law countries and continental law countries.In Anglo American law countries,record evidence is not a single form of evidence and there is no separate legal provisions.In continental law countries,different countries have different rules of record evidence,and the author chooses some representative countries to investigate.Finally,the paper compares and analyzes the rules of the record evidence in the criminal procedure of our country and the foreign record evidence rules.The third part is about the attribute of evidence and the use of record evidence.Firstly,carries on the analysis of evidence of "record","record" aims to give evidence to the identity;secondly,compare the analysis according to evidence attribute of material evidence and record evidence;finally,study record evidence of judicial status,significance and practice analysis on the dilemma of record types of evidence.Establishing a separate chapter on record evidence of special property and legal status of purpose can be more targeted to establish pen record evidence rules.The fourth fifth and sixth part are the rules of evidence rules.According to the structure of evidence,the article is divided into three parts.Firstly,establishing the rule of distinguishing rules.Secondly,establishing the admissibility rules of the record.The rules of admissibility of evidence of record type evidence are composed of the rules of evidence and admissibility.Finally,the paper establishes the rules of judging the evidence power of record evidence.In the process of evaluating the evidence power,we should adhere to the judge's free heart certificate,with other proof rules at the same time,so as to complete the evaluation of the record evidence.