Research On The Authentication Rules Of Real Evidence

It had been put forward by the Fourth Plenary Session of the 18 th central committee of the communist party of China(CPC)that “we should advance the reform of the trial-centred litigation system and ensure that the facts of the case in the process of investigation and prosecution can stand the test of the law”.Thus,the Fourth Plenary Session further requested “to comprehensively implement the rules of evidence judgment,and collecting,fixing,preserving,reviewing and using evidence must be strictly in accordance with the law”.The evidence system is the cornerstone of the rule of law in litigation.The essence of a criminal trial is an activity that uses evidence to prove the facts of a case.The mistrials that have been corrected in accordance with law since the 18 th National Congress of the Communist Party of China and series of criminal cases that have recently attracted a lot of social attentions are all involved with the fact that the using of evidence has flaws.It can be said that the current outstanding problems in the field of criminal litigation concentrated on investigation and evidence collection in the pre-trial phase.The nineteen major reports of the CPC pointed out that administering the country comprehensively according to law is a profound revolution in national governance.To promote the reform of the judicial system in the context of the rule of law,improving the evidence system is the center and key to the implementation of the judicial reform tasks.In view of the process structure of the criminal procedure in China,the proof of the authenticity of the evidence source has always been neglected.The loose management of the way of obtaining evidence and the chain of custody is not only the inertia of the closed investigation practice,but also because the absence of the authentication rules of real evidence.In the field of theoretical research,the main institutional designs of the evidence law,such as the rule of hearsay evidence,the exclusionary rule of illegal evidence,the rules of relevance and the rule of best evidence,have a rich research achievement in the domestic academic circle.Therefore,it is urgent to systematically pay attention to and explore the authentication rules of real evidence.Based on this,the central proposition of this paper is: in the context of the substantive reform of the trial,how to construct the authentication rules of real evidence.The thesis consists of “introduction” and four chapters.“Introduction” explains the research background,significance and value,the research status,and put forward the integrated use of research methods to discuss the authentication rules of real evidence.The first chapter is “the main problems of the custody of criminal evidence in China”.This chapter is divided into two sections.By analyzing some cases,we will find three main problems in China: the authentication rules of real evidence is lax which makes evidence-collection simple in pre-trial,lack of the authentication rules of real evidence which leads to the deficiency of evidence preservation and difficult to exclude real evidence.Chapter two states the theoretical basis of the authentication rules of real evidence.This chapter is divided into three sections.The first part mainly discusses the connotation and extension of the concept of "authentication",the dialectical relationship between the evidence authentication and the basic attribute of evidence,and the differences between authentication and the related system.On this basis,the second part of this chapter intends to dig deeply into the nature and logical starting point of authentication.In the last section of this chapter,the author will comb through the historical development of evidence law theory.The third chapter states the necessity and feasibility of establishing the authentication rules of real evidence in our country.This chapter is divided into two sections.Chapter four illustrates the classification construction of the authentication rules of real evidence.This chapter consists of six sections.The overview part looks back on the evolution and context of the establishment of the authentication rules in China since the unification of review of death sentence.In the second,third,fourth and five sections,the authentication rules of real evidence—such as material evidence,documentary evidence,electronic data and audio-visual material—are discussed respectively.The focus of each session is special methods of identifying real evidence.The last section of this chapter explores the legal consequences of the authentication rules of real evidence: evidence damage deduction and evidence damage liability.Among them,the evidence damage liability includes the exclusion of doubtful evidence and the identification of unfavourable facts.In a word,In order to clarify the difficulties and disputes of the system construction and to get rid of the obstacles and puzzles of this evidence rule,this paper combs and interprets the theory and practice of the authentication rules of real evidence.The purpose is to promote the optimization of the criminal evidence system and the comprehensive reform of the court trial.