A Study On The Correction Rules Of Criminal Defective Evidence

In 2010,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice jointly formulated two "evidence rules" that,while improving China's criminal exclusionary rules,established a set of rules for the correction of criminal defective evidence.However,up to now,the academic research on the rules for the correction of defective evidence in criminal cases is still very limited;there is also a lack of sufficient research on the practical application of the rules for the correction of criminal defective evidence.Therefore,it is very necessary to further study its theoretical basis and the problems arising in practice in recent years.The first part of this paper gives a brief overview of the rules for the correction of criminal defective evidence.First,the concepts of "criminal defective evidence","the correction of defective evidence" and " the correction rule of defective evidence" are defined.It then summarizes the experiences of some countries outside the region in handling defamation evidence.Finally,by reviewing the early exploration of the evidence of confrontation in China's academic circles and the establishment of the rules for correcting the defective evidence in criminal cases,the history of the development of the rules for defective evidence in China was combed.In the second part of the thesis,the author analyzes the theoretical basis and value of the rules for the correction of criminal defective evidence.As far as the theoretical basis is concerned,the rules for correcting criminal defective evidence in China are based on several theories of the theory of liberal evidence,balance of interests,illegal control theory,human rights protection theory,and the theory of defamation.As far as the value is concerned,the criminal defective evidence amendment rule contains three values: external value,intrinsic value and subordinate value.The third part of the paper makes an empirical investigation on the current practice and existing problems of criminal defective evidence correction.Judging from the relevant information,the evidence in practice is numerous and its findings are often concentrated in the prosecution and trial stages.Case descriptions are used as the main means of correction,and the defective evidence problems often becomes the subject of appeal.These conditions reflect the confusion in the existence of defective evidence in the current evidence correction,the simple and crude means of correction,the legitimacy of the correction process being questioned,and the validity of the correction results questioned.The fourth part of this paper analyzes the causes of the above problems.Specifically,there is confusion in the provisions of the law;the process of correction has a strong administrative color;in the design of the rules,there is no effective restriction of due process;and in judging the validity of corrections,the corresponding discretionary standards are difficult to clarify.The fifth part of this paper puts forward some suggestions on how to improve the defective evidence correction rules.First of all,rights remedy and illegal sanctions should be used as the primary purpose of remediation;secondly,the identification of defamation evidence should be used as a result of the review of evidence qualifications;again,the administrative coloring in the rectification process should be reduced;and finally,the design of the rectification rules should be consistent with Due process basic requirements.