Research On The Evidence Ability Of Verbal Evidence Of The Preliminary Investigation In The Duty Crime

Through the preliminary investigation to prove the cases whether to meet the filing standards or not has become a necessary procedure in the process of dealing with duty crime cases.On one hand,the preliminary investigation can be able to exclude the clue what went wrong and improve the accuracy rate of the duty crime case;on the other hand,the preliminary investigation can maximally prevent improper prosecution of the innocent,to avoid enemy misjudged cases,in order to protect the legitimate rights of citizens,the full implementation of the basic concept of the modern rule of law and human rights protection the.However,because of the "Criminal Procedure Law" did not make a clear definition of the preliminary investigation,and initiate the node as the criminal procedure begins,the preliminary investigation and detection of artificially cut off contact,the preliminary investigation evidence collection behavior lack of legitimacy,which leads to the conflict of practice and standard,which led to whether the duty crime investigation evidence have a proven ability to judge whether as the basis for conviction and sentencing debate.In the judicial practice,the courts in different places have different approaches,it has been damaging the authority of the judiciary seriously,and has been harming the interests of the people.Therefore,it is necessary to carry out in-depth study on the evidence ability of verbal evidence of the preliminary investigation in the Duty Crime,to improve the preliminary investigation system in our criminal procedure legislation.In this paper,firstly,I define the concept of the preliminary investigation and evidence and evidence ability.Secondly,I analysis the factors which influencing the evidence ability of verbal evidence of the preliminary investigation in the Duty Crime.Finally,it has provided reference to maximize the realization of the evidence ability of verbal evidence of the preliminary investigation in the Duty Crime through analysis and summarizing on the design of extraterritorial related system,and in order to find the best balance between fighting crime and protecting human rights.