The Influence And Solution Of The Principle Of Evidentiary Adjudication To The Criminal Investigation Of The Public Security Organs

The evidentiary adjudication is an important principle in criminal trials in China,in which there shall be evidence to determine the commission of a crime.In other words,any commission of a crime shall not be judged guilty due to the lack of evidence."The Decision",approved in The Fourth Plenary Session of the 18th Central Committee of the CPC,put forward the reform of the trial-centered litigation system.Hereafter the principle of evidentiary adjudication was further clarified in "the Opinion on Carrying out the Reform of the Trial-centered Criminal Litigation System",formulated in 2016.Therefore,the principle of evidentiary adjudication plays a significant role in the criminal trial system,where the principle shall be implemented in the entire legal process from the investigation to the prosecution and trial.Moreover,the judicial personnel should pay high attention to the evidence and should identify or eliminate unlawful evidence in the first place.The passage is mainly divided into four parts.In the 1st part,a general analysis is presented on the principle of evidentiary adjudication from the perspective of its legal connotation,the value of the law,and practical significance.The 2nd part focuses on the influence of the evidence in the criminal investigation to the legal trials,with the introduction of real criminal cases and relevant statistical analysis.And the impact to the public security organs,if the principle of evidentiary adjudication was adopted,will be discussed in the next part when it comes to the criminal investigation process.In fact,the principle has overthrown the current system of evidence which was subject to the the public security organs due to their possession of the power of investigation.The waves of impact to the power of investigation are three-folded.Namely,the reassessment of whether or not the the investigatory case files have enough sound evidence;the choice of how to eliminate unlawful evidence;the issue of distribution of power and duties between the public security organs,the procuratorial organs,and the courts of justice.The last part aims to find solutions for the public security organs in response to the impact of the principle of evidentiary adjudication.In this regard,a court-dominated evidence system should be created to reassure the court's pivotal and neutral attribute in the entire criminal trial process,by carrying out the supervision and redistribution of duties between the public security organs,the procuratorial organs,and the criminal suspects.The system will remove illegal evidence,guarantee the soundness of evidence before trial,and strengthen the probative force of evidence during trial.And also it will constrain the power of investigation of the public security organs,improve the effectiveness of the evidence in investigatory case files,eliminate unlawful evidence,and balance the duties and functions between the public security organs,the procuratorial organs,and the courts of justice.