Study On The Custody Chain Of Physical Evidence In Criminal Procedure

In the theory of evidence law,there are different types of physical evidence and verbal evidence.This kind of division is based on the existence and the expression form of evidence,and the evidence which is expressed as a kind of material is called physical evidence.In the type of legal evidence,physical evidence including material evidence,documentary evidence,transcripts of investigation and examination,audio-visual materials and electronic data etc..In the process of criminal procedure,the physical evidence obtained from the beginning to the end to the court,basically have to undergo several aspects of circulation and storage,some physical evidence also need to go through the identification process,any one of the above link leaks,are likely to affect the physical evidence of the authenticity of the last.In order to ensure the authenticity and validity of the physical evidence submitted to the court,it is necessary to establish a strict custody chain of physical evidence to escort it.To strengthen the custody work of physical evidence,is a key part of implement the principle of evidentiary adjudication and construction the trial centered criminal procedure,which is important to improve the quality of handling criminal cases,has important practical significance to the arrival of the era of socialist rule of law in china.Therefore,it is of great practical value to strengthen the research on the system of custody of physical evidence,and to promote the perfection of the chain of custody of evidence in china.Custody chain of physical evidence in criminal proceedings(hereinafter referred to as the "custody chain of physical evidence")as a whole,the extraction,storage,transfer,discovery,identification of any one link broken,are likely to cause physical evidence of pollution and deterioration,even being replaced,damage and even loss,which will influence the handling work.How to carry on the systematic research to the custody chain of physical evidence,make the physical evidence to maintain the good condition,in order to guarantee its admissibility in the case,is the question which this article must discuss and solve.In this paper,the scientific construction of custody chain of physical evidence in the criminal procedure of our country as the main line,the basic requirements on the custody chain of physical evidence and legal value,current situation and existing problems and corresponding countermeasures of several core issues to explore the theme.This paper is divided into four chapters.The first chapter is introduction.This part on the one hand says the position of the physical evidence can not be shaked in the criminal procedure and the value can not be replaced by,on the other hand,reveals its vulnerability,namely the physical evidence from the beginning to be extracted to court,its authenticity and admissibility may be changed accompanied by the transfer,storage and identification procedures.Furthermore,this part analyzes the purpose,necessity and significance of the research on the custody chain of physical evidence.To ensure the authenticity of physical evidence from beginning to end in order to prevent the occurrence of changes caused by China's theoretical circles and practitioners attention to this problem,is the necessity and purpose of this study,which has profound significance in promote the relevant legislation,regulate the physical evidence handling personnel behavior,criminal litigation activities carried out smoothly.The second chapter is the overview of the custody chain of physical evidence.The existence of the dynamic change of the physical evidence puts forward the urgent request for the construction of the custody chain of physical evidence.The custody chain of physical evidence refers to the physical evidence from the time it was found to be submitted to the court,the basic situation of its circulation and resettlement,including the evolution of the relevant custodian.For a complete custody chain of physical evidence,first need physical evidence on the extraction of the logo,to prevent the occurrence of confusion;then defines its length accurately,the key is to find its starting point and end point.The construction of the custody chain of physical evidence is of great value to guarantee the admissibility of physical evidence,reduce the miscarriage of justice and improve the efficiency of litigation.The third chapter is the present situation and problems of the custody chain of physical evidence in criminal procedure.From the legislative point of view,the relevant provisions of the the custody chain of physical evidence is making progress,but these rules are more dispersed,and most of them are concentrated in the extraction of physical evidence,and the other part involved very little;from a practical point of view,China is still lack of effective guidance and experience,the custody work of physical evidence is chaos.Effective extraction of physical evidence is a key ring to guarantee the authenticity and the admissibility of it,thus,relevant personnel of comprehensive professional ability still needs to be improved;the lack of a rigorous physical evidence transfer record system in our country,and there is no strict requirements on the packaging and transportation,resulting in the change in the the situation has been in circulation;in the storage stage of physical evidence,the lack of specialized storage and management personnel,open the physical evidence chain of custody gap;for physical evidence needs to be identified,lossy inspection and reliability greatly affected the identification of results,and the pollution in the process of identification has occurred.The fourth chapter is the suggestions for the perfection of our country's the custody chain of physical evidence.The role of physical evidence in criminal proceedings is becoming more and more important.How to build a complete custody chain of physical evidence and improve it is a big problem in our country.This chapter firstly mentality of constructing the custody chain of physical evidence,comparing the advantages and disadvantages of decentralized legislation mode and centralized legislative mode,and put forward the the custody chain of physical evidence shall take two-way combination of two kinds of legislative mode;secondly,according to the custody chain of physical evidence in all aspects of the problem,put forward the basic principles of the professional of extraction,timely of transfer,appropriate of storage and no damage of identification;again,in the specific design of the custody chain of physical evidence,put forward the suggestions in the packaging and transportation,circulation records and scientific storage etc.;at the same time,made a preliminary idea of the supporting system about the custody chain of physical evidence,including the construction information transfer monitoring system,establish the physical evidence of the refinement of physical evidence and the construction of physical evidence distinguishing.