Research On The Auxiliary Evidence In Criminal Procedure

It has been put forward by the Fourth Plenary Session of the 18~thh central committee of the communist party of China(CPC)a major proposition of“the trial-centered litigation system reform”,which from“The Decision of the Central Committee of the Communist Party of China on Comprehensively Advancing Several Major Issues Concerning the Rule of Law”.It is required to“fully implement the rules of evidence refereeing,collect,fix,preserve,examine and apply evidence in strict accordance with the law,and improve the system of witnesses and appraisers appearing in court”.Evidence referee is the basis and core of the whole evidence system.It is also the starting point and the foothold of the structure of the proceedings.The purpose of the trial is to discover the truth,to deal with and resolve disputes.It can also be said that the process of trial is the process of fact finding.A series of wrongful cases that have been rehabilitated since the 18th central committee of the CPC,and criminal cases that have recently received widespread public attention are often the review,judgment and evidence of the evidence involved,and on this basis,a false confirmation or fragile so-called“the closed chain of evidence”.It can be seen that the prominent problem of fact finding in current criminal proceedings focuses on the review and analysis of the lack of refinement of evidence.The party's nineteen report pointed out that the rule of law is a profound revolution of national governance.In the context of comprehensively governing the country according to law,the core and key is to implement the principle of evidence adjudication and improve the evidence system.The content and form of auxiliary evidence have been in the theory and practice of evidence for a long time.Scholars have also noticed the particularity of certain evidences,but they have not accurately characterized them as auxiliary evidence.There are many confusions and objections to the specific definition and definition of supporting evidence.In general,the concept of auxiliary evidence is still very vague in the theoretical research and judicial practice in China,and the application rules have not been established.However,it is clear that the concept and application rules of auxiliary evidence play an important role in promoting the scientificization of evidence reasoning in China,the refinement of the proof model,the substantiveization of free evidence,and the realization of trial-centered litigation structure.By scientifically and reasonably summarizing the connotation and extension of the auxiliary evidence,it can make up for and supplement the proof problem under the verification mode,which is of great benefit to the establishment of a perfect criminal proof model and evidence system.Therefore,this paper will proceed from the function and mechanism of auxiliary evidence,and try to define a relatively clear and more feasible auxiliary evidence to facilitate the application of evidence in reality.Based on this,the central proposition of this paper is:How to establish the conceptual classification of auxiliary evidence and the rules for the rational construction of auxiliary evidence under the requirements of the principle of evidence adjudication.Focusing on this proposition,this article begins with a discussion.The full text consists of an introduction and four parts.In this paper,auxiliary evidence refers to the type of evidence that proves that the facts of substantive evidence have a proven effect.It does not have a direct correlation with the facts of the case,but mainly focuses on the authenticity,reliability and relevance of the substantive evidence that can prove the facts of the substantive law.It generally acts on a chain of reasoning between a single substantive evidence and an evidentiary fact to the final fact finding.The former borrowing the title of Japanese evidence law theory can be called“subsidy evidence”,and the latter takes its role process.This article refers to it as“generalized auxiliary evidence”.Specifically,the subsidy evidence is evidence that proves the authenticity or reliability of the substantive evidence,while the generalized auxiliary evidence refers to evidence that proves the strength of the inference between the connected evidence and the fact to be proved in the evidence reasoning process.It is not directly related to the facts of sub-acceptance,but it strengthens or weakens the links in the chain of reasoning established by evidentiary facts to help prove the probabilistic size of the generalization in the inference.The introduction part explains the background,significance and value of the research,briefly reviews the research status of the auxiliary evidence system,and proposes a comprehensive application of the law research method to study the general idea of the auxiliary evidence system.The first part is the conceptual definition and academic basis of supporting evidence.This section is divided into four sections.The first section is based on the different understanding and discussion of the type of evidence supporting evidence in the current academic circles and judicial practice.Auxiliary evidence means the type of evidence that demonstrates the fact that the factual evidence is evidenced by substantial evidence.Compare and distinguish against the substantive evidence relative to the concept of auxiliary evidence.The second section explains and explains the key words“proofing facts”in the concept of auxiliary evidence proposed in the previous section.The main discussion of the concept category of auxiliary evidence is limited to the theoretical discussion and realistic consideration of the proof of the proof of power.The auxiliary evidence is not directly related to the facts of the case,but mainly focuses on the authenticity,reliability and relevance of the substantive evidence that can prove the facts of the substantive law.A chain of reasoning that generally acts between a single substantive evidence and an evidentiary fact to the final fact finding.In the fourth section,the auxiliary evidence and related concepts are analyzed.This section is divided into three sections,which respectively discuss and discuss the concept of evidence that is similar or related to the concept of supporting evidence,including reinforcement evidence,impeachment evidence and indirect evidence.In order to further clarify and strengthen the concept extension and application value of auxiliary evidence,it lays the foundation for the systematic construction of the application rules for auxiliary evidence below.The second part,demonstrate the value of the theory of auxiliary evidence and propose corresponding procedural norms.This section is divided into two sections.In the first section,the normative meaning of the concept of auxiliary evidence is proposed.The important value of auxiliary evidence classification for China's criminal evidence system and judicial proof theory is discussed separately.The proof of auxiliary evidence can prove the standard of conviction,improve the relevance theory of evidence and construct a multi-dimensional proof model system.In the second section,at the principle level of the auxiliary evidence system,a procedural mechanism for stylized proof and acceptance of information is established.The third part,proposes and demonstrates the form of auxiliary evidence.This section is divided into two sections.According to the above-mentioned identification of subsidy evidence and general auxiliary evidence in the auxiliary evidence,the intrinsic meaning and specific form are elaborated and studied.Subsidy evidence is evidence that proves the authenticity or reliability of the substantive evidence,while generalized auxiliary evidence refers to evidence that proves the strength of the inference between the connected evidence and the fact to be proved in the evidence reasoning process,to assist in the proof inference.The generalized summary of the size of the summary.At last,explain specifically by using real-life cases.The forth part,the general requirements and classification construction of the rules for the use of subsidized evidence.This section is divided into two major sections,which discuss the two major categories of auxiliary evidence.The rules for the application of subsidy evidence are based on the different characteristics and requirements of physical evidence and verbal evidence in substantive evidence.The focus of each subsection is on the rules of application of specific subsidies for all kinds of physical evidence and verbal evidence.In short,in order to clarify the difficulties and disputes in the system construction,and to solve the confusion and obstacles of institutional reconstruction,this paper has combed and explained the theory and application of the auxiliary evidence system.With the help of the establishment and application of auxiliary evidence,it is necessary to promote the optimization of the criminal evidence system and the refined and scientific development of judicial certificates to help implement the requirements of comprehensively governing the country according to law.