Study On The Criminal Demeanor Evidence

The issues related to demeanor evidence are novel in both academic and practical fields in China.The reason is that our modern judicial evidence system pursues rationalism and emphasizes the objectivity,relevance and legitimacy of evidence.In contrast,demeanor evidence appears to be "sentimental" and "illusory",so it is often ignored by scholars and judicial personnel.In fact,the cognition of modality is the most basic human cognition.In the face-to-face "confrontations" during an interrogation,judicial personnel can most appreciate the value of "modality".There is no relevant law to regulate whether demeanor evidence can be used in litigation,but in judicial practice,the use of demeanor evidence has already appeared quietly,and plays a unique role in judicial procedures such as investigation and trial.However,due to the lack of relevant legal basis and specific rules,the application of demeanor evidence in practice is often in a dilemma.Therefore,how to rationalize and legitimize the demeanor evidence and how to guarantee the system of the demeanor evidence have become an urgent demand for the judicial practice.The main body of this paper consists of five parts,which are the basic theory of the demeanor evidence,the rise and development of the demeanor evidence,the application of the criminal demeanor evidence,the risk of the application of the criminal demeanor evidence in China and the standardization and institutionalization of the application of the criminal demeanor evidence in China.The first chapter combs the basic theory of demeanor evidence.Firstly,it expounds the concept of demeanor evidence,including the definition of demeanor evidence and the basic characteristics of demeanor evidence.Secondly,it classifies demeanor evidence according to its source,function and characteristics.At last,this chapter systematically analyzes the principle of producing demeanor evidence and cognitive principle,and further clarifies its connotation.The second chapter restores the establishment and inheritance of demeanor evidence system from ancient Chinese judicial system.It shows the specific application of demeanor evidence in common law countries since the birth of jury system.This chapter analyzes the protection of the principle of direct speech and the principle of free proof for the evidence ability and proof ability of demeanor evidence after the civil law countries establish the open trial system.In the third chapter,from the perspective of objectivity,compatibility,evidential ability and evidential power,it provides theoretical support for the proper and reasonable use of demeanor evidence in judicial practice,affirms its qualification and conditions as evidence,and lists the current situation of the use of demeanor evidence in the criminal procedure of our country.The fourth chapter objectively evaluates,the obstacles and risks in the use of criminal demeanor evidence in judicial practice,such as the neglect of judicial procedures,the lack of system guarantees and the technical risks faced by evidence collection.The fifth chapter puts forward corresponding suggestions for the norms and application of demeanor evidence in judicial practice.Starting from the two paths of formal design and substantive specification,this paper makes a preliminary assumption on the path of establishing the system of demeanor evidence.It is hoped that demeanor evidence will be able to really obtain the qualification of evidence one day and exist in the evidence system of criminal procedure law.