A Research On The Local Criminal Evidence Rules In China

China is a unitary state.The legislative power is in principle exercised by the National People’s Congress and its Standing Committee.It is manifested in the field of criminal evidence.The legislative power in criminal evidence is in principle the exclusive power of the national legislature.However,in fact,various localities have introduced a number of normative judicial documents in criminal justice practice,forming a system of criminal evidence rules with a wide range of content,including a large number of content related to the interpretation of specific legal issues.These rules have eased the contradiction between the demand and supply of criminal evidence legislation to a certain extent,and some excellent system creation has even become a source of wisdom for judicial interpretation and even central legislation.At the same time,the emergence of local rules inevitably brought a series of problems,which led to many questions and criticisms.In view of this,this paper attempts to explore why there are so many local criminal evidence rules in the practice of the rule of law by collecting local criminal evidence rules,from theory and practice,central and local,legislative and judicial.What are the contents of these rules,what are their characteristics,what are the values and significance of judicial practice and what are the problems? How do you view these local rules in building a socialist rule of law system with Chinese characteristics? In order to fully understand them,we will make a relatively objective evaluation and provide some rationalization suggestions.This paper is divided into four parts.The first part is an overview of the local criminal evidence rules.It mainly analyzes the local criminal evidence rules collected and collected in the previous period,and sorts out the overall situation and specific content of the local criminal evidence rules.The second part,the theoretical basis and practical reasons for the local criminal evidence rules,through the analysis of the sample of local criminal evidence rules,explores the theoretical support deeply buried in it,and through the investigation and study,the local criminal evidence rules are produced.The real reason.The third part is about the value and existence of localcriminal evidence rules.The reason why local criminal evidence rules can become large-scale,A large number of vivid local narratives are inseparable from the values they contain.The author believes that it mainly involves exploring local local resources to solve local real problems,absorbing local innovation experience,promoting the development of criminal evidence rule of law,and avoiding orderly chaos caused by radical legislative propulsion.To refine the positive role of central legislation and judicial interpretation and to fill its loopholes.At the same time,local criminal evidence rules also have many innate and acquired problems,mainly including: chaotic "making law" procedures,lagging legislative concepts,"inevitable" copying,not optimistic implementation results,etc.problem.The fourth part is the development prospect and regulation of the local criminal evidence rules.The author believes that we should seriously treat the rules of local criminal evidence in China and seriously consider the codification of evidence and the rules of local criminal evidence.In this regard,the author firmly believes that the local criminal evidence rules are an important supplement to the criminal evidence rule of law in China,and are useful experiences that have been proved by practice.Codification of evidence is an inevitable trend of the future rule of criminal evidence in China.Therefore,it is necessary to correctly understand the relationship between the evidence law and the local criminal evidence rules.The author believes that there will be a harmonious relationship between the evidence law and the local criminal evidence rules in China,and jointly promote the progress of criminal evidence in China.Before the enactment of the evidentiary code,the Criminal Procedure Law should also establish a good "up-and-down interaction" with the local criminal evidence rules.At the same time,the necessary rules for local criminal evidence rules must be regulated.The author believes that local criminal evidence rules should be regulated from the following five perspectives.First,publicize all local criminal evidence rules;second,clean up the "unqualified" local criminal evidence rules;third,clarify the main body of the local criminal evidence rules;and fourth,establish the establishment of local criminal evidence rules Procedure;Fifth,the implementation of strict local criminal evidence rules.