Research On The Application Rules Of Criminal Defamation Evidence

The defective evidence as the gray area between legal and illegal evidence in the judicial practice,there are a lot of.But lacking of the legislation caused many difficulties for the defective evidence.It`s difficult to play its due role.How should as far as possible to reduce defective evidence in practice.This article,the author will analysis the applicable situation or problem in our country,combining the experience abroad,put forward interpretation of evidence.And trying to put forward the proposal for the perfection of defective evidence applicable rules.The article is divided into four parts:In the first part,through the introduction and analysis of the different definitions of the defects in the academic circles,the definition,characteristics and classification of the defective evidence are re defined.Finally,it introduces the reasons for the application of defective evidence.The second part introduces the present situation of the application of the foreign evidence from the perspective of comparative law.The author selects the United States and the United Kingdom,Germany and Japan,through the introduction of the four countries in the application of evidence of defects,and its comparative analysis.In the third part,the author mainly introduces the problems in the legislation and judicial application of defective evidence.Legislation is the main provisions of the provisions of the list is too limited,and the lack of procedural law for the application of defective evidence,including the main body of the review of the defective evidence,remedies,remedies are not provided.In judicial practice,the defective evidence in the existing problems,the author analyzes the standard of evidence,review the absence of recovery,protection of the rights of the parties are not in place,the public security organs to review the power shortage problems in four aspects.The fourth part explains the solution to the problem of defective evidence application.First of all,we must make clear the principles that must be followed in the application of defective evidence,the principle of application of limitation,the principle of good faith,the principle of equity of interest,the principle of timely and effective.Secondly,the procedure of the application of the standard defective evidence.The main body of the court is to construct the main body of the review,to clarify the specific remedial measures and the standard of review after the remedy.Furthermore,through the protection of the parties’ right to know and the defenders’ full exercise of the right ofdefense,the rights of the parties in the application of defective evidence.Finally,through the establishment of the principle of direct speech to reduce documentary evidence.