A Study On Standardization Of Investigation And Evidence Obtaining From The Perspective Of Trial

Criminal Investigation has been seen as the center of the criminal procedure in China.Under the influence of this model,trial activities have completely lost the role they should have.In order to drastically change this situation,the Fourth Plenary Session of the 18 th CPC Central Committee passed the decision of the Central Committee of the Communist Party of China on several major issues concerning ruling the country according to Law(hereinafter referred to as the Decision).The Decision puts forward the need to fully implement the judgement of evidence,the trial should be strictly carried out on the criminal cases,resolutely implement the concept of no punishment in doubtful cases,and resolutely exclude illegal evidence.Correspondingly,the investigation and evidence collection work in investigation institution also should shift their focus and pay more attention to whether evidences the requirements of the trial.At present,the evidence obtained by investigation institution has many questions,so we must strengthen the construction of standardization of investigation and evidence collection.This article study this issue from the perspective of a judge to promote the evidence collections by investigation institution which can be adopted by the trial.This article is based on the spirit of the Decision,to find the problems in the investigation and evidence collection from the perspective of the trial,and to put forward some corresponding improvement suggestions.It is believed that the reform proposals put forward from the perspective of the trial can better help the investigation and collection of evidence to adapt to the trial work in the new era.The first part illustrates the new and more stringent requirements for trials in the reform of litigation system centered on judgment.First,in the concept of trial,the concept of presumption of innocence and the concept of no punishment in doubtful cases must be strictly implemented.Although these concepts have always been mentioned in the past,they have not really been implemented in trial.This reform is intended to make these concepts truly penetrate into the hearts of each judicial staff.Second,the court must strictly apply the judgement of evidence while trying the trial and confirming the facts,evidence issues are the direct cause of the misjudged cases.To accurately determine the facts of the case,it is necessary to insist on the judgement of evidence,accurately determine the evidence,and strictly enforce all kinds of evidence adjudication rules on the basis of evidence judgment principle.Third,on the method of evidence review,abandon the subjective evidence examination model and use the objective evidence examination model.Evidences should be the cornerstone of the whole process of the trail,and the most important aspect of the trial is the examination and determination of evidences.Therefore,under the centralism of the trial,the reform of the evidence examination method is very necessary.The subjective evidence examination model centered on verbal evidence such as confession should be changed.Only the objective evidence examination model can guarantee the correctness of judgment.Fourth,for comprehensive determination of the case,the standard of legal evidence should be abided by.The standard of legal evidence should be strictly enforced in the trial practice in the future.The phenomenon of doubtful judgment in the past should be completely modified and every trial should be completely convincing.The second part is based on the point of view of judges engaged in criminal trials to discuss the main problems in the current investigation and evidence collection activities.Only by understanding these issues can we make changes to the investigation.The first is the problem of non-standard evidence collection,which mainly includes situations where the main staff of evidence collection is not standardized and the procedure for obtaining evidence is not standardized.Non-standard evidence collection will directly lead to the lack of evidence capability in evidence.The second problem is that the type of evidence collected by the investigation institution is not comprehensive.It is manifested as the lack of objective evidence,evidence of innocence,selective evidence collection,and evidence transfer.Incomplete types of evidence can lead to incomplete problems in the certification system.The last problem is that investigators sometimes has flaws in analyzing the evidence and using evidence.The investigators attach importance to the detection of the case,but they are not very good at grasping the specifications and quality of the evidence,they are not sure about the weight of proof and the use of evidence.Therefore,evidences lack evidence capabilities or weight of proof in many case evidences cannot meet the standard of legal evidence.The third part is the analysis of the reasons for the problems arising from the investigation and evidence collection.First of all,the low professional quality of the investigator is the direct reason.The low professional quality of the investigators can mainly reflected in the following two aspects.The first aspect is that the investigators always hold the guilty presumption in the process of investigation and evidence collection.At the same time,they pay more attention to the detection of cases in the investigation process and ignore the procedural justice.The second aspect is that some investigators don't have sufficient theoretical of evidence.Without the correct concept of case handling and the lack of theoretical of evidence will lead to situations where evidence collection is not standardized.The evidence will not be able to meet the corresponding evidence standards.And it lacks evidence capabilities and types are not comprehensive,and cannot be properly examined and applied.It is difficult to meet the standard of proof.Secondly,China lacks perfect evidence rules.There is no perfect rule guidance for investigation and evidence collection,and there is no corresponding provision for the standards adopted by the evidence.Therefore,the investigation and evidence collection activities will have greater arbitrariness,and the Investigators' investigation and evidence collection activities may violate regulations.Finally,the lack of external supervision and control is also one of the reasons leading to problems in the investigation.The failure of the operation of criminal trials and the virtual trial procedures have led to the trial not being able to exert due restraints on investigative activities.The role of lawyers in the investigative stage is very limited.It is difficult to exert the protective effect on criminal suspects and it is difficult to restrict the investigation.The last part focuses on the problems and causes of the investigation and evidence collection activities.From the judge's point of view,it puts forward specific suggestions for the investigation and evidence collection.First,the judicial branch should change the concept of handling cases and truly establish the concept of handling cases where innocence presumptions and procedures are justified.Only in this way can the root of false case be eliminated.This is also what every investigator must stick to.The second is to complete the rules of criminal evidence.Because the current rules of criminal evidence are too principled and general,investigators have no direction in handling case evidence.Only when the rules of evidence are relatively complete,the investigation activities can be carried out in accordance with the law so that they can run on the correct track.Third,when investigating a case,the investigation institution must firmly establish the awareness of evidence and carry out investigation activities around the collection of evidence.We must weaken the role of the confession and dig up objective evidence.We must pay particular attention to the discovery of physical evidence and conduct comprehensive examination and judgment on the case with objective evidence as the center.At the same time,it is necessary to strengthen the concept of evidence examination,to carry out all-round and systematic examination of the evidence,and to put forward more stringent requirements on the specifications of evidence to ensure that the evidence is true and effective.Fourth,for the court,it is necessary to devote more energy to the trial process,make the court trials substantive,play the role of court trials and dare to exclude illegal evidence.The court should continue to implement the court system for investigators and make the trial have a strong constraint on the investigation activities.At the same time,it is forbidden for judges to intervene in investigation activities in advance to ensure the neutrality of the judge and ensure the authority of the trial.Fifth,we must play the role of a lawyer,expand its authority in investigations,and increase the degree of participation of lawyers in investigation activities.While protecting the rights of criminal suspects,lawyers can help the judicial branch to implement more standardized laws.