Research On Evidence Collection In Investigation Stage

Whether the research and concern in the field of the science of criminal law or criminal law,crime are both the core of research and concern,the study of crime is also the basis of our following research.Because,only when an act become a crime,or only when the facts of a legal crime have occurred,it will involve the problem of infringement of legal interests caused by criminal act,the problem of serious social harmfulness,the problem of criminal illegality,the problem of deserved punishment and through the fair judicial procedure punishment the criminal subject who carries out the criminal act,and so on a series of problems.Then,fight against crime,must according to law,based on the evidence,the main duty of investigation organ in judicial practice,is to collect evidence during investigation stage,using evidence to form an objective,closed and complete chain of evidence to confirm the criminal act committed by the suspect.The work for investigation and evidence collection of criminal acts,it’s a process of starting with the known and exploring the unknown,it’s a process of starting with result and searching for the cause,in fact,it is a reductive reappearance from the result of legal interest infringement to the act of legal interest infringement.Investigation,prosecution,trial are the three stages of judicial practice,the judicial organ determines the constitution of criminal acts is mainly based on the four elements system of criminal constitution introduced from the Soviet union and Russia,that is,the objective aspect of the crime,the object of the crime,the subjective aspect of the crime,the subject of the crime,therefore,the investigation organ also starts from these four aspects in the process of collecting evidence.During the practical work of investigation and evidence collection,for the evidence collection of objective aspect of the crime,the author faced problem is,restricted by the level of criminal scientific technology,investigation measures often lag behind the emerging criminal means,in the process of collecting evidence,entity is emphasized while procedure is neglected and so on;the frequently problem of obtaining evidence from the subjective aspect of crime is the confession and excuse of the criminal suspect are easy to conceal the true subjective aspect of the crime,to evade the punishment of the law,in fact,the principle that no one should be forced to prove his or her guilt has been set forth in the opinions on the reform of the trial-centered criminal procedure system,so in the investigation for handling a case,if only by the confession of the criminal suspect as the evidence to identify the subjective aspect of crime,that isobviously against this principle what I have said before.Therefore,how to solve the above problems,the author combines the actual work and major,put forward some feasible measures.This paper will be from the following three parts to discuss on the problem and measures of collecting evidence during the stage of investigation:The first part,make a brief introduction of the basic concept of the investigation stage,combined with several cases that have been faced the author in the daily criminal investigation work.The second part,analyzing the causes of the problems that have been encountered in the process of investigation and evidence collection during the investigation stage.The third part,in view of the current situation of judicial practice,the problems faced during the stage of investigation and evidence collection,the author puts forward some feasible measures according to the actual situation of criminal investigation and the understanding of the major.