Research On The Evidence Rules Of Criminal Incidental Civil Public Interest Litigation

Evidence rules have the functions of guiding,restricting litigation procedures,and ensuring fair and efficient litigation,which is undoubtedly one of the important guarantees of litigation.The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Laws in Procuratorial Public Interest Litigation Cases jointly issued by the two Supreme People's Courts,on the basis of civil public interest litigation and administrative public interest litigation,for the first time increased the type of criminal incidental civil public interest litigation system.The new system has only one judicial interpretation provision,and there is no clear and specific procedural norm,which leads to certain problems about how the system should be applied,including the lack of application of the rules of evidence.The same piece of evidence is in different lawsuits,and different conclusions may be drawn using different rules of evidence.In order to protect the public interests of the country and society to the greatest extent,it is extremely important to apply the rules of evidence in criminal incidental civil public interest litigation.In view of the particularity of criminal incidental civil public interest litigation,its application in the rule of evidence There will be many problems,such as difficulties in evidence collection,investigation,proof,certification,problems in judicial identification,and so on.Therefore,it is necessary to analyze and improve the rules of evidence in the civil public interest litigations attached to criminal cases in order to better protect the public interest.Based on a systematic analysis of the basic theory of the criminal incidental civil public interest litigation system and the basic theory of evidence rules,this article combines the relevant laws and regulations with a comparative analysis of typical cases to explore the development and construction of the criminal incidental civil public interest litigation evidence rules in China.It is hoped that favorable suggestions can be made for the improvement of the criminal collateral civil public interest litigation system.The first part discusses the criminal public interest litigation system.From the two aspects of the concept and characteristics of criminal incidental civil public interest litigation and the basic theory of criminal incidental civil public interest litigation.As a new type of public interest litigation system,criminal incidental civil public interest litigation has certain particularities.Therefore,the concept characteristics and basic theory of the system are briefly stated and analyzed,which provides a theoretical basis for further research.The second part compares and analyzes the application of criminal evidence rules and civil evidence rules in the system of criminal public interest litigation.Based on the research and analysis of the basic theory of the rules of criminal evidence and the basic theory of the rules of civil evidence,the differences between the two types of lawsuits in the basic rules of evidence rules,proof standards,etc.are explained.The conclusions of the rules of evidence may be completely different,with a view to making better choices on the application of the rules of evidence of the system.The third part is a discussion of the current status and existing problems of the rules of evidence in criminal incidental civil public interest litigation.Taking the three aspects of investigation and collection of evidence,identification of evidence,and evidence conversion of criminal incidental civil public interest litigation as research points,the current situation of typical case practice,the problems that have emerged,and the causes of formation are analyzed,and a comprehensive and systematic analysis is conducted in conjunction with relevant laws and regulations.Suggestions for perfecting the rules of evidence in incidental civil public interest litigation are laid.The fourth part is corresponding to the third part,and puts forward the suggestions for perfecting the rules of evidence in the incidental civil public interest litigation.In terms of investigation and evidence collection,improve the power of investigation and evidence collection by procuratorial organs,improve the investigation and evidence collection responsibilities of public security organs,establish fast-track inspection centers,and use of modern technology;in the evidence sharing mechanism,determine joint case handling mechanisms;Joint laboratories,exploration of responsibility confirmation systems for expert opinions,and establishment and improvement of expert assistance systems.