On The Judicial Perfection Of Criminal Defective Evidence Correction Rule

"Based on facts and laws as the criterion" is one of the basic principles of China's criminal procedure law.Among them,based on facts,the judicial authorities are required to focus on evidence and investigation in the process of handling cases.Evidence is the most common problem that runs through the criminal procedure law,and it is also the most basic and core in the entire litigation process.After the promulgation of the "Provisions on Several Issues of Judgment Evidence for the Handling of Death Penalty Cases" and the "Provisions on Several Issues on the Elimination of Illegal Evidence in Criminal Cases",the emergence of flawed evidence has led to the classification of evidence by many scholars and practitioners Lots of new insights.There are many opinions on the identification of related concepts of flawed evidence in criminal litigation.Some theoretical researches on the rules of flawed evidence correction have not formed a clear standard,so in practice,the application of the rules of flawed evidence correction will also show some problems.According to the national conditions of our country,this paper makes some suggestions on the judicial application of the criminal defect evidence correction rules by referring to the relevant content in the two evidence regulations,which are expounded from the following four parts:The first part is an overview of the concepts related to the criminal defect evidence correction rules.First,the concept of criminal flaw evidence is discussed,and the central concept surrounding the article is clarified.Secondly,the characteristics of criminal flaw evidence are summarized,and they are explained from authenticity,relevance and minor illegality.Finally,combining the concepts and characteristics of the criminal defect evidence that have been discussed,the concept of the "correction" and "reasonable interpretation" of the correction rules is analyzed to summarize the concept of the criminal defect evidence correction rules.The second part focuses on the content of the criminal defect evidence correction rules in China from the three aspects of the applicable conditions,applicable principles and application methods of criminal defect evidence correction rules.After analyzing the practice of the defective evidence correction rules in grassroots courts in Shanxi Province,it further clarifies the current status of China's criminal defect correction rules,which is of great significance for digging and finding problems and improving the system.The third part focuses on the analysis of a series of problems that the judiciary will use in the process of correcting the rules of criminal flaw evidence under the current national conditions.The author explains the procedures of correction,the confusing nature of defective evidence and illegal evidence,and the discretion of judges.The fourth part puts forward the concept of judicial perfection to perfect the criminal flaw evidence correction rules in China.The author analyzes from the three stages of investigation,examination and prosecution,and trial,and puts forward perfect suggestions based on the problems in the application of the correction rules.