On The Application Of Material Evidence In The Construction Of Evidence Chain

“The reform of the litigation system centered on trial” calls for reforming the concept of judicial proof,consolidating the basis for the application of the evidence of objectivity,and taking the evidence of objectivity as the main force of proof.Therefore,to further strengthen the awareness of physical evidence and to standardize the application of physical evidence in all aspects of discovery,collection,storage and identification highlights the evidence advantages of physical evidence and its appraisal opinions,making it the core of the factual proof system and the proper meaning of judicial reform.However,in the current stages of judicial proof practice,the phenomenon of biased application of evidence is ubiquitous,which is mainly manifested in the weak awareness of physical evidence of judicial personnel,the lack of awareness of using evidence to construct evidence chains and the weak evidence of the involvement of utterance evidence in weakening the evidence identification and evidence The advantages can not be highlighted and so on.All kinds of questions make the evidence qualification of the material evidence questioned.The correlation between the material evidence and other evidences can not be identified.The evidence power of the material evidence suffers different degrees of dwarfed,which leads to the chain of evidence can not be closed.Facts can not find out.Therefore,it is necessary to establish a scientific material evidence system,strengthen the examination of the evidence attribute of evidence,standardize the methods and rules of physical evidence aggregation,establish the evidence chain of evidence "as the evidence-based evidence" and enhance the ability of material evidence utilization in the era of big data.Make use of the evidence advantage of the physical evidence to ensure that the process and result of the proof are objective and accurate.The first part is the interpretation of related concepts such as material evidence and evidence chain.First of all,it defines the concept and classification of material evidence and analyzes the information structure reflected by material evidence from the point of view of "material",and expounds the relation between physical evidence and other evidence,material evidence and facts,then introduces According to the theory of evidence chain in judicial practice,it is proposed that the chain of evidence centered on the material evidence is the best way to prove the facts to be proved by combining the features and structure of evidence chain with the evidence superiority of material evidence.The second part emphatically demonstrates the value of evidence in the construction of evidence chain.The process of constructing the chain of evidence includes screening links of evidence,judging the chain of evidence and building the chain of evidence;incorporating the objectivity evidence superiority of the evidence itself is the rationality basis of evidence chain of the evidence center model;combining with the method of proof in the judicial practice,It is the core carrier of evidence and fact that the evidence can be confirmed and coordinated by the single evidence,the chain of local evidence and the chain of evidence of the whole case through the confirmation mode of "material center-of-truth" formed by embedding evidence in the "chain of evidence".The third part mainly discusses the status quo and problems of the use of physical evidence in the construction of evidence chain.It points out that the main body evidence is not strong,the evidence extraction is rough,the method is not standardized,the material evidence supervision is not good,the system level,the systemless material evidence supervision regulation,the practice operation,the behavior disorder disorderly,the content randomness;Chain awareness is not strong,lack of ability to identify evidence of evidence,on-site reconstruction of awareness is not sufficient,can not fully tap the material information implied in the amount of information;verbal evidence leads to weaken the identification of physical evidence,the case and confession caused by cognitive bias And identify the main subjective error.The fourth part puts forward the reasonable measures of using evidence to construct a complete certification system.Including the establishment of a scientific material evidence system,an innovative mode of interpretation of evidence information,multi-level analysis of the amount of evidence and evidence reflect the degree of correlation,multi-angle identification,mining different dimensions of information,the complete evidence of evidence contained in all the relevant information;Strengthen the quality control of physical evidence accreditation,focus on strengthening the control of accreditation quality from the perspective of accreditation body,center on the appraisal cognition level of accreditation body,start with the appraising and appraising assessment of accreditation personnel and examine their professional qualities and skills,and formulate scientific and standardized appraisal methods and To avoid hidden identification process to exclude the formation of strict operational standards to simplify the operation of habitual bias to ensure that the absolute objectivity of scientific advice and scientific identification;strengthen the physical evidence of the judge and review,strengthen the evidence of regulatory review to enhance the physical evidence accreditation proceedings Value;to build principles and rules of evidence aggregation,from the perspective of evidence jurisprudence,including evidence-based doctrine and material evidence verification rules;emphasize the use of evidence in the context of big data to enhance awareness and create and build big data and material evidence relevance Basic,with Performance in the polymerization process and the evidence information.