The Restrictive Factor And Solution Path About Validity Of Material Evidence In Criminal Investigation Record

The record of the material evidence in the criminal investigation record is incomplete and inaccurate,which directly affects the legal validity of the relevant identification document and even affects the evidence validity of the material evidence.To clarify the relevant provisions of the current criminal procedure law in China on the validity of the material evidence in the record of the site,and to fully play the validity of the material evidence,it is not only the actual needs of the public security organs to improve the quality of case handling and the efficiency of solving crimes,but also to respond to the objective requirement that the country comprehensively promote the spirit of governing the country according to law.China's Criminal Procedure Law has basically laid down the types of evidence used in the handling of criminal cases,including two types of material evidence and record.The Procedures for the Collection of Criminal Cases by the Public Security Organs have refined the procedures for the collection and use of such evidence.The Rules for Site Investigation and Inspection of Criminal Cases of Public Security Organs further clarify the collection procedures of evidence.By comparison,it can be found that the provisions of the effectiveness of different laws on the material evidence of criminal investigations in the criminal investigations are based on the two rules of illegal evidence exclusion and evidence correction,providing great space for the investigation personnel to correct the evidence that does not meet the legality requirements.There are many restrictive factors in the validity of material evidence in criminal records,which are concentrated in three aspects.First,the illegal collection procedures of material evidence,such as the lack of legal procedures for the seizure of material evidence;the second is the unscientific extraction method.For example,when an investigation personnel extracts the blood on the wall scratching the wall powder together with the blood stains,the material evidence cannot be effective due to pollution or other disturbances.Third,the records of the material evidence in the transcript are incomplete or inaccurate,and this situation will not only make the relevant material evidence is weakened by the unclear source and basic information,and will result in the contents of the inspection and identification documents and the transcripts of the investigations cannot be mutually confirmed,causing the evidence chain to break.There are many reasons for the validity of the material evidence in the criminal investigation transcript.In addition to the imperfect legal norms,the improper modification of the behavior mechanism of the public security organs is a very important factor.There is a contradiction between the high incidence of criminal cases and the number of investigators in public security organs.Therefore,the investigators in the process of on-site inspections to investigate the quality of the conversion of the phenomenon is common,the production of transcripts are not in accordance with the legal procedures,resulting in incomplete or inaccurate transcripts,or the lack of corresponding procedures in the seizure of physical evidence,etc..Of course,this is related to the fact that the investigators themselves have insufficient understanding of the requirements and important functions of the on-site inspection records.They have not paid enough attention to the legality requirements of the evidence.To ensure the effectiveness of material evidence in criminal records,it is necessary to take multiple measures.The investigative organs and their staff must change the traditional concept.They should not only emphasize the true nature of the evidence but the formality of the law.The evidence collected during the on-site inspection process must not only can be used to solve crimes,but also be convincing and can withstand the doubts of the people.Correctly understanding the relevant content of the validity of material evidence in criminal transcripts,and on the basis of improving the relevant provisions of criminal procedure law,make up for the deficiencies in the working mechanism of public security organs by means of innovative working methods and appropriate increase of the number of investigators,and try to eliminate The investigators have self-investigated self-examination,self-inspection,or privately reduced the on-site inspection procedures.In addition,the management and supervision of the criminal investigation work of public security organs should be strengthened.It is impractical to rely solely on investigators to voluntarily perform the legal procedures for on-site investigation of criminal cases to ensure the validity of relevant material evidence.It is also necessary to solve the problem by establishing relevant regulatory systems.It is necessary to supervise the extraction of material evidence and the production of on-site inspection records.It is also necessary to implement the issue of accountability on the basis of supervision,and to provide appropriate disciplinary action against investigators who do not make on-site inspection records in accordance with legal procedures and have caused serious consequences.