Research On Evidence Competence Of Evidence Obtained By Individuals In Criminal Procedure

In the practice of criminal justice,evidence obtained by individuals is very common.It can be found everywhere both at home and abroad in criminal case.There are two typical opinions on the judgement of the competence of the evidence obtained by individuals: one is the American way: indulging private power,which totally admit the competence of the evidence;the other one is the German way: measuring interest,which needs to measure relating factors in specific case to judge its competence.But in china,people exclude evidence obtained by individuals in judicial practice,for private person have no rights to obtain evidence and private person infringe other people's rights in obtaining evidence illegally.If we exclude all the evidence obtained by individuals,it will hinder the discovery of truth and entity justice.So this thesis firstly ravel out whether private person have rights or not to obtain evidence.Secondly,we can't use the same rule on the judgement of competence of the evidence obtained by individuals or public power because public power doesn't participate in evidence obtained by individuals.We also can't judge its competence by civil evidence rule for there are differences between criminal and civil lawsuit.In this paper,the rule of judging the evidence competence of evidence obtained by individuals is constructed from three aspects: rigid exclusion,discretion exclusion and non exclusion.