The Study Of Evidence Chain Typed Construct In Criminal Case

“Clear facts and full evidence” is proof standard criminal procedural law in our country,and shall meet the three conditions: the evidence shall be full to prove the facts;the evidence of the case is verified by legal procedure;the comprehensive evidence of the case has been cleared to exclude reasonable doubt.Among them,the last condition implies the basis of “exclusion of reasonable doubt”: the whole case evidence must form a evidence chain that is not contradictory,mutually verifiable and able to prove the facts of the case.The construction of the evidence chain for the facts prove is very important,it is not the simple sum of evidence but a logical arrangement of the evidence,the evidence not only need to confirm each other,also need to be in the form of certain form a chain of evidence to prove the facts.There is a certain difference between the entity constitution and the form of evidence in different crime,and if not treated differently,it will cause confusion.Therefore,it is necessary to build the chain of evidence in a typed construction,which can not only guide the investigation,but also assist the trial,and even reduce the occurrence of the wrong cases.However,in this aspect,relative studies in our country is little,and does not have systematic exposition.This paper,based on the construction of evidence chain type,discusses the evidence chain construction of different entity composition and different evidence forms,proposes the model based on the case,and puts forward the practical method.This article mainly has the following contents:The first chapter mainly interpret and analyze the theoretical basis and clarify the related concepts of evidence chain,and the accurate resolution of evidence chain,such as multidimensionality,logical collection,closed,and combined with a variety of theoretical analysis of the evidence chain structure.At the same time,in the chain of evidence for the basic definition,states views on the process of the construction of the chain of evidence,evidence of eligibility screening,conviction evidence points of the construction of the building,sentencing chain theoretical analysis,and put forward the method to prevent mistakes and build evidence chain adjustment,from the chain of evidence to build comprehensive,legitimacy and adaptability of limited evidence chain deviation and so on.In addition,the author will analyze feasibility of the evidence chain typed construction and classify the chain of evidence.The second chapter in the perspective of misjudged cases,focusing on the Zhang,Chen Man and She Xiang Lin case,provide judgment thinking and the reasons for misjudged cases in building evidence chain.The author introduce the point of building logic of the chain of evidence,including the correct link extraction,the construct of the chain of evidence and the feasibility of hard cases from discussion in this paper.In this chapter,we also discuss the necessity of the construction of typing evidence chain,and lay a solid foundation for the later discussion.The third chapter is the main body part of this paper,which is classified according to the substantive law and evidence law,and the evidence chain is classified and explained according to the specific cases.After the foundation of classification,in this paper,the two major categories will divide for more detailed study,put forward four substantive classification and three evidence classification,the basic will cover all of the substantive law situation and evidence law.The chapter also combined with the present hot spots “The leniency system of confession and punishment”,based on the demonstration of proof standard,explore the chain of evidence in this system,and put forward the applicable model.The fourth chapter mainly elaborates the application of evidence chain typed article construction.Based on the argument of third chapter which concludes that comprehensive classification and model of the third chapter,the author discuss the construction of the complex model theory and construction method,and the best model is “architecture by substantive law,adjust by evidence law ” The second part of this chapter discuss different proof standard in different stages of litigation,at the same time,discuss the characteristics of the evidence chain in each stage,analyze the different stages of litigation proof mechanism,and put forward the application of the basic model.The fifth chapter is based on artificial intelligence as the background,combined with the development of artificial intelligence,discuss the evidence chain procedural construct application,from 3 parts: model selection of samples building,the combination of evidence and the accuracy to face the rationality of the chain.This chapter is on the basis of above discussion,combined with the basic computer knowledge,put forward evidence chain typed building program design,introduces the basic principle of program design,for two basic modes.