On The Perfection Of The Application Of Process Evidence In Criminal Litigation

The process evidence is the material to prove the case facts and in essence,recording the judicial process.It runs through each stage of the judicial behavior,including investigation,compulsory measures,examination and prosecution and even the court trial.The key role of the process evidence is to prevent detention,torture and safeguard judicial justice.At the same time,the process evidence provides corresponding evidence for the procedural defense as a form of procedural supervision.Particularly in the existing conditions,the process evidence is used to cover the shortage of the criminal litigation procedural referee mechanism and the imperfect procedural safeguard.However,the process evidence also has its limits.It still needs to be improved to play a better role in the procedural defense.This dissertation is composed of five parts,including the problem introduction,the definition of process evidence,the status quo analysis of process evidence,the application of the extra-territorial process evidence,the improvement of the application of the process evidence and the response to the problem.The first part:problem introduction and outline of the process evidence.First,starting with the famous 'Lei Yang Case' to pose the problem.Then the outline of the process evidence is driven out of the problem,including the definition,classification and characteristics of the process evidence.The outline of the process evidence is used to define the research object of the dissertation which refers to the application of the process evidence.Then what should be solved about of the process evidence in the practice is discussed.Last,making a clear direction for improving the process evidence at the aspect of concept and process.The second part:the status quo analysis of the application of the process evidence.This part first introduces how process evidence works on the criminal proceedings.Then it introduces the shortage of the application of process evidence and points out the importance of improving it.Then getting the enlightenment of the rules to improve the process evidence in our country.The fourth part:the improvement of the application of the process evidence.Integrated process in our country evidence in criminal lawsuit for current situation and existing problems of the enlightenment to our country and foreign related system,respectively from the concept,process and supporting system for process in criminal lawsuit evidence for perfecting path are proposed.The fifth part:a response to the problem and a summary of the whole dissertation.First,responding to the question which mentioned in the beginning,then making a summary of the suggestions of improving the application of the process evidence.Finally,future development of the system is prospected.