Research On The Application Of Criminal Evidence Judgment Rules In Basic Courts

With the deepening of judicial reform in our country,the important status of criminal evidence rules in China's criminal litigation activities has become increasingly prominent.However,for the connotation and extension of the rules of evidence rules,the academic and practical circles of our country have not yet reached a consensus.At the same time,the content of the rules of criminal evidence rules is not perfect,which makes the discretionary space of the judges in the judicial practice,Easy to produce many problems.Therefore,in this context,it is particularly necessary and urgent to clarify the rules of criminal evidence and to clarify the applicability of rules.This paper first summarizes the connotation of the rules of criminal evidence and the evolution of relevant laws and regulations in China,and expounds the importance of the rules of evidence from the aspects of perfecting the legal system and standardizing the legal practice.On this basis,this paper focuses on the defendant does not plead guilty as an example,through empirical analysis of the method,the grassroots people's courts do not plead guilty case in-depth discussion.Finally,this article puts forward some countermeasures and suggestions for reference in view of the existing problems in the practice of judicial evidence in the judicial practice,from the perspective of the trial as the center and strengthening the evidence judgment ability of the grassroots judges.This article is divided into three parts,the first chapter of the summary of the rules of criminal evidence,in two sections detailing the criminal evidence rules of the theoretical basis and practical significance: the first section of the theoretical basis,from the criminal evidence rules of the connotation,theoretical standards and evidence The rules are divided into three parts: the necessity and practical necessity of the system.The practical significance is divided into two parts: the necessity of the system and the necessity of the practice.The second chapter is the research data and analysis of this article,the author with the relevant issues in-depth S province C City C District Court for empirical research,research mainly around the grassroots court defendants do not plead guilty cases.On the basis of the second chapter,through the analysis of the data of the case,it is found that the rule of the criminal judge of the grassroots court has the following problems: the illegal evidence elimination procedure is difficult to be effectively implemented,the direct evidence of the one-sided examination,the criminal The improper application of the presumption rule,the absence of the judgment instrument.In order to give full play to the court in determining the facts,the evidence,the protection of the litigation rights in the decisive role,to strengthen the grassroots court criminal judge evidence ability to ensure that the defendant was a fair referee,recommended: strengthen the "physical evidence for the root,verbal evidence for the" Evidence awareness,improve the system of witness appearance,the establishment of criminal presumption applicable rules,attention to the defendant's defense advice,strengthen the referee instruments,and so on.