Research On The Remedy Rule Of Criminal Defect Evidence

As a special form of evidence,the evidence of criminal defects has been widely existed in the judicial practice of our country.But for a long time,the legal provisions on defect evidence in our country are almost in a blank state,therefore,the existence of defective evidence in our country appears to be "not a bad name." The provisions on several issues concerning the examination and judgment of evidence in death penalty cases(hereinafter referred to as the provisions on evidence in death penalty cases)and the provisions on several issues concerning the exclusion of illegal evidence in criminal cases(hereinafter referred to as the exclusion of illegal evidence)(hereinafter referred to as the "two evidence provisions"),For the first time,the legality of defective evidence was recognized in the form of legislation.In this way,the study of defective evidence has a legal basis and basis.Based on the "two evidence provisions",this paper introduces the existing rules of defect evidence in China through four parts,and tries to put forward its own thoughts on perfecting the rules of remedy for defective evidence in the light of the application of defect evidence in judicial practice in China.Specifically,this article mainly from the following aspects of the elaboration:The first part starts with the concept of defect evidence,analyzes several representative viewpoints on the concept of defect evidence in the academic circle,analyzes the shortcomings of each point of view,and finally puts forward its own understanding of the defect evidence.After clarifying the concept of defect evidence,further analyzing the characteristics of defect evidence,by analyzing the characteristics of defect evidence,leads to the comparison of two concepts of defect evidence and illegal evidence.Finally,this paper expounds the basic principle and value pursuit of the rule of defect evidence remediation in jurisprudence,in order to demonstrate the legitimacy of the remedy of defective evidence.The second part is the comparative investigation and analysis of the system of extraterritorial similarity evidence.Extraterritorial,there is no concept of flawed evidence,but a concrete analysis of the extraterritorial evidence system can be found in the extraterritorial existence of evidence similar to the defect evidence system.The main analysis here is the Anglo-American legal system of the United States and Britain,as well as the civil law of Germany and France.By analyzing the similar evidence system in the above four countries,this paper further ponders and summarizes the Enlightenment brought to us by the extraterritorial rules on the remedy of defective evidence.The third part mainly discusses the present situation and problems of the remedy rule of defect evidence in our country.First of all,mainly from China's defect evidence to remedy the legislative status quo and judicial status quo.The current law of our country puts forward the type of defect evidence and the method of remedy in the form of enumeration,but the provisions of the law are relatively rough,and in judicial practice,the remedy of defective evidence has not been paid attention to,and there are also cases in which evidence of illegal evidence is remedied as evidence of defects in the scope of the remedy of defective evidence.In short,the application of defect evidence in China's judicial practice still exposes a lot of problems,in view of the problems in judicial practice,at the end of this chapter put forward the defect evidence remediation rules exist in our country several major problems.Part ? focuses on the corresponding solutions found in response to the problems raised in part three.Aiming at the problems raised in the third part,this paper puts forward the path choice of perfecting the remedy rule of criminal defect evidence from the angles of perfecting the operation procedure of the defect evidence remedy,defining the scope of the defect evidence remedy,standardizing the remedy of the defect evidence and strengthening the party's rights guarantee in the rules of the remedy of defect evidence.And try to put forward to protect the defect evidence remedy three related supporting measures,in order to make the defect evidence remedy rule get better development.