Research On Criminal Defective Evidence

The identification of facts to be proved in criminal proceedings shall be based on the corresponding evidence.Without sufficient evidence,no criminal facts can be identified.This reveals the importance of evidence in criminal proceedings.However,not all evidence is legal evidence.Due to imperfect legal norms,complex judicial practice and other factors,it is quite common for a large number of defective evidences to appear in practice.To explore issues related to criminal defective evidence,we should first define a reasonable concept of criminal defective evidence.After understanding the main viewpoints of the academic circle on the concept of defective evidence,the author,considering that criminal defective evidence mostly exists in the form of transcripts in practice,defines the concept of criminal defective evidence from both broad and narrow senses,and further discuss other issues of criminal defective evidence in a narrow sense.Previously,defective evidence was discussed under the category of illegal evidence,revealing the close relationship between the two.While focusing on their similarities,we should pay more attention to their differences,such as different degrees of violation,different states of evidence capability,different legislative purposes,etc.On this basis,legal argumentation should,first of all,solve the issue of evidence capability of criminal defective evidence from the aspects of the relationship between the evidence capability and the probative force,the principle of evidence-based adjudication,and the basic attributes of evidence.Finally,in view of the current judicial situation of correction and reasonable interpretation of criminal defective evidence,the author reveals two major problems arising from theoretical research,legislation,justice and other reasons,that is,unclear remedy objects and unclear remedy methods.Hence,it is necessary to classify the defective evidence reasonably,identify the remedy objects and specify the specific remedy methods.