The Corrections Evidence Concerning Criminal Flaw

On June 13,2010,the supreme people’s court,the supreme people’s procuratorate,ministry of public security,state security,the ministry of justice jointly issued the "criminal case about the provisions on some issues of excluding illegal evidence and some issues on audit judgment evidence for the death penalty cases handled by the provisions of,these two rules of evidence is put forward for the first time" defective evidence "concept,is an important theory innovation in evidence.The promulgation of two rules of evidence has greatly promoted the establishment and improvement of the rules of evidence in China.However,our country’s complement to the imperfect evidence is not perfect in both legislation and practice.There is a lack of basic legal provisions on the entity of defect evidence: the scope of cases where the evidence of criminal defects can be applied is small;The process is who makes up and how to complement is not clear;In the application of the case while the illegal evidence exclusion rule only the corrections of material evidence and documentary evidence to the basic rules,but the death penalty case evidence rules of documentary evidence,material evidence and testimony of witnesses the corrections evidence made a relatively detailed rules,at least have the realizability of a level.This paper puts forward: first of all,the defect evidence complement is to guarantee the entity justice,and protect the rights and interests of the parties.Secondly,it can ensure the orderly promotion of practice in the application of the method and stage.Because ordinary criminal cases are not to be allowed to happen there are huge,also need to criminal litigation rights of the defendant and entity rights,procedural justice should be Shared by all the defendant,and should not differ by crimes weight,so the flaws of criminal evidence,corrections need to be in theory and practice both directions at the same time.With the construction of the legal environment of the country and the strengthening of the public legal consciousness,especially the case of the criminal case,it shows that the evidence topic has become a hot topic in the field of criminal litigation.Therefore,it is suggested to clarify the concept and applicable rules of the evidence of criminaldefects.The specific system design is: firstly,the defect evidence is limited to the evidence provided by the public prosecution,and the public power is limited,and the balance of control and defense is guaranteed.Secondly,it is clear that the specific operating procedures of the review stage and the trial stage are being examined.The improvement of the system theory provides support for the evidence complement of the criminal defects,and then reduces the difficulty of the evidence resources and proves the facts of the case,and strengthens the ability to fight crime.