Research On Criminal Opinion Evidence Rules

The evidence of criminal opinion is an important part of the system of evidence rules.It requires distinguishing the facts and opinions provided by the witnesses and preventing the opinions provided by the witnesses from affecting the judgment of the judges.Article 75,paragraph 2,of the 2012 High Law Interpretation stipulates that “the witness' s speculative,inferential,and critical testimony shall not be used as evidence,except that it is judged to be in accordance with the general life experience.But for a long time,evidence of criminal opinion The norms have not received due attention in the theoretical and practical circles.The research on the rules of opinion evidence is often not deep enough.In practice,a large amount of opinion evidence enters the criminal judgment,and the rules of criminal opinion evidence are basically blurred.This paper is based on the basic theory of the rules of opinion evidence.Investigate the judicial status of the rules of opinion in China,analyze the reasons for the ambiguity of the rules of opinion and evidence,and explore the practical path of the rules of opinion and evidence.In addition to the introduction,there are four parts,about 25,000 words.The first part studies the basic theory of the rules of evidence for criminal opinions.It mainly includes three aspects.First,it expounds the connotation of the rules of evidence of criminal opinions.The rules of opinion evidence means that witnesses can only provide statements about the facts they perceive,but cannot provide inferences from these facts.There are two types of exceptions: expert witness testimony and integrated factual rules.Second,the legal basis of the rules of evidence for criminal opinions.The reasons for excluding the rules of opinion evidence include the lack of relevance between the evidence and the case,the unreliability of the evidence,the evidence of the witness providing evidence,the judge's power of the judge,and the opinion evidence not belonging to the witness' s testimony.category.The third is the development of criminal opinion evidence rules in China.The criminal opinion evidence rules have gone through the transition from local rules to national rules,from comprehensive negative opinion evidence to rational adoption of opinion evidence.China's criminal opinion evidence adopts the principle and exception legislative model,which is basically the same as the main rule of law countries such as the United Kingdom,the United States,and Japan.The second part studies the main problems and reasons of the criminal opinion evidence rules in our country's judicial practice.First,a total of 140 judgment documents involving the rules of criminal opinion evidence from January 2013 to December 2018 were retrieved at Peking University.After analysis,the main problems in the criminal opinion evidence rules included: the number of witnesses providing evidence of opinion increased year by year,opinions Evidence is widespread in criminal trials in different regions,at different levels,and at different stages.Secondly,the rules of criminal opinion evidence are basically blurred in judicial practice,and a large amount of opinion evidence enters the criminal judgment.Finally,there is a lack of regulation on the special form of opinion evidence in judicial practice,and no rules of opinion evidence are used for public opinion opinions and opinions in the victim's statement and the defendant's confession.There are many reasons for the ambiguity of the rules of criminal opinion evidence.First,the legislative norms of the rules of evidence for criminal opinions are not clear enough.In the provisions of Article 75,paragraph 2 of the Interpretation of High Law,there is a lack of operability in “based on general life experience”.The criterion for judging,"judgement conforms to facts" violates basic jurisprudence and logic,and the nature of "but book" is ambiguous in adopting rules or adopting rules.Secondly,there is a lack of subjective aspects of the relevant litigation subject.The witness lacks the understanding of distinguishing facts and opinions.The investigators ask for insufficient standardization and the judge lacks the ability to examine and judge the opinion evidence.Finally,there are deficiencies and shortcomings in the relevant supporting measures.The witness testimony system has not yet been implemented,the human witness investigation system has not been perfected,and the recording and video recording system of the witness inquiry process has not yet been established.The third part studies the perfect path of the criminal opinion evidence rules.The improvement of the criminal opinion evidence rules is mainly divided into four aspects.One is to adjust the legal norms of the criminal opinion evidence rules,to define the specific meaning of “general life experience” through judicial interpretation,and to delete the “judgment conforms to the facts” requirement,and to clearly The nature of the nature of the evidence is to clarify the circumstances in which evidence can be adopted and the circumstances in which it cannot be adopted through guiding cases.Second,the special form of opinion evidence is regulated by the rules of opinion and evidence.For public opinion,it is clear that the judge should not contact public opinion in principle after the case enters the trial stage.The content and source of public opinion can be adopted as appropriate,for the victim.Statements and opinions in the defendant's confession may use a guiding case to rule out the situation.The third is to strengthen the participation ability of the litigants of all parties.Witnesses should have an understanding of the facts and opinions,and must not provide speculative,inferential and critical testimony.The investigators shall record witness testimony as completely,meticulously and truthfully as possible,reduce the adverse impact of the inquiry pressure on the witnesses,and shall not force the witnesses to provide concluding observations.Judges should strengthen the concept of distinguishing facts and opinions,and improve the ability of accreditation,cross-examination and judgment in court.The fourth is to improve the basic supporting system of the rules of opinion and evidence in order to help witnesses recall the facts and test the reliability of witness testimony,conduct inductive inquiry,add a testimony testimony system and file a opposition system to the court decision,and strengthen the review and judgment of the witness testimony.Exploring the establishment of a recording and recording system for the key witness inquiry process in major cases.With the promotion and application of portable audio and video recording equipment,it may be considered to gradually record and record the inquiry process of all witnesses.