The Study Of The Admissibility Of The Evidence Of Criminal Defects

In the judicial practice of criminal procedure in our country,there is widespread evidence of criminal defects.The appearance of defective evidence was caused by the investigators' slight infringement in the investigation process due to the lack of evidence awareness and the collection of evidence in violation of relevant procedural requirements.Since the evidence of the flaw did not involve serious violations of laws and did not infringe on the basic rights of citizens,it can not be excluded under the rule of exclusion of illegal evidence.And the slight illegality of the evidence of the flaw did not make it obstruct the objectivity and relevance of the evidence and therefore did not completely lose the qualification of evidence,and the evidence of the actual situation of the case still has its own independent value.Therefore,this article argues that for the evidence of defects should be adopted as the principle.However,our country has not made a complete application of the system about the admissibility of the flaw evidence,which leads to the fact that there is a big difference between the attitude of the judge and the evidence of the flaw,and even the phenomenon of "judgments with different clauses",the inconsistency of the judiciary,It will also damage the authority of our country's law.It is extremely important to study the admissibility of the evidence of flaw.This article mainly demonstrates the admissibility of evidence of defects through four parts:In the first part,by analyzing several different definitions of the concept of evidence of criminal defects in theoretical circles,the first part defines the standards that should be followed in defining the evidence of defects and the concept of criminal evidence of defects according to the author's understanding.And lists the characteristics of evidence of defects to deepen the understanding of the concept of criminal defects.By comparing the criminal evidence of flaws with illegal criminal evidence,highlighting the independent value of criminal evidence of flaw.According to the classification of evidence,the classification of evidence of criminal defects is listed.The second part analyzes the attitude of extra-territorial countries to the admissibility of evidence of flaw,including the advanced practices and experience of Anglo-American legal system and civil law system in treating the admissibility of flaw evidence,and establishes a complete set of evidences of flaw for our country according to the actual situation in our country Sex system,to promote the continuousimprovement and improvement of the rule of law provides a reference;The third part is based on China's national conditions and analyzes the necessity of adopting criminal evidence,including the need to ease the limited resources of evidence.And the feasibility of adopting criminal evidence,legal basis,theoretical basis,and realistic basis.Analyzed and demonstrated the basis for the admissibility of evidence;The fourth part discusses the principles that should be followed in the application of defamation evidence,including the principle of balance between substantive justice and procedural justice,and the principle of fairness and efficiency in litigation.It also puts forward specific constructions of the rules of admissibility of defamation evidence,such as determining the starting and examining body of defamation evidence,proofing responsibility,correcting methods,and correcting results so as to facilitate the application and improvement of criminal admissibility in judicial activities.