Study On Application Of Reasonable Explanation Of Criminal Defective Evidence

The concept of “Defective Evidence” first appeared in the legal norms with the introduction of the “Two Evidence Regulations” in 2010,which of the “Two Evidence Regulations” also define the situation of “corrected” and “reasonable explanation” in detail.But in the concrete judicial practice,“Reasonable explanation” has the characteristics of strong subjectivity and have vague criteria.Therefore,it is necessary to clarify the criteria which judge the reasonableness of “reasonable explanation”.Taking the case of Nianbin Drug Delivery as an example,this paper makes a theoretical analysis of the evidential defects and their “reasonable explanation” in the case,and puts forward the specific applicable standard of “reasonable explanation” of criminal defective evidence by combining the judicial precedents on the rationality of reasonable explanation in the specific case and judicial practice.With regard to the application of reasonable explanation of defective evidence,we should first clarify the scopes of defective evidence and reasonable explanation,to avoid incorporating illegal evidence into the scope of reasonable explanation,and refine the legislative provisions of reasonable explanation.Secondly,it is necessary to clarify the criteria which judge the reasonableness of reasonable explanation.This paper divides the problem into three levels:the first one is the explanation should be “in accordance with common sense”,i.e.the explanation should conform to the basic value cognition and concept of the public;the second one is the explanation should be “in accordance with legal principles”,i.e.the explanation should conform to the spiritual concept of law and the generation of defects must be an unintentional act;and third one is the explanation should be “in accordance with logic”,i.e.,the necessary proof of the explanation content and the standard proof should be “beyond a reasonable doubt”,so as to complete the reasonableness judgment of the reasonable explanation.Finally,we should construct and improve the applicable procedural norms of reasonable explanation to prevent arbitrariness.