Study On The Competency Of The Criminal Preliminary Evidence

In the current judicial practice in China,the initial investigation has become an indispensable stage.The investigating agency relies on the evidence obtained during the initial investigation to determine whether the accepted case meets the filing criteria.The judicial organ has gradually accepted the preliminary evidence,and used the preliminary evidence in the trial to convict and sentence.The preliminary evidence has played a significant role in ensuring that the case is properly filed and that innocent people are protected from false lawsuits.However,the criminal procedure law of our country has not confirmed the status of the initial investigation or preliminary evidence,and the regulation of the criminal case procedure is not perfect,which leads to the existence of the application in the initial investigation and the preliminary evidence.Many problems have directly affected the judicial fairness of our country.Also,because China's criminal procedure law lacks the provisions for the preliminary evidence,the academic circles'research on the preliminary evidence is also different,and can not form a final conclusion.Therefore,in order to solve the problem of how the status of the preliminary evidence "has no name" is turned into a legal one,the author writes by reading a large amount of relevant literature,conducting local research in the local public security department,and collecting cases in the Chinese referee network.After doing a lot of preparatory work,the Author started to study the competency of criminal preliminary evidence,starting from the definition,development,nature and significance of the initial investigation behavior,combined with judicial practice and theoretical support of the academic circle.From the concept,function,possibility of becoming evidence of the preliminary evidence in criminal proceedings,and its legality analyze the evidence qualification of the preliminary evidence,and use the method of case analysis,theory and practice,after analyzing the status quo of the preliminary evidence system.It is believed that under the current criminal litigation environment in China,the preliminary evidence has certain legitimacy,and it should also have the qualification of evidence to adapt to the judicial status and development.Finally,from the current legal conditions,the Author put forward some rough advice for the establishment of China's preliminary evidence system,and how to use the preliminary investigation evidence.