The Transformation Of Flawed Evidence In Criminal Proceedings

A defective evidence is evidence that involves minor illegality in its collection.On the one hand,it distinguishes itself from the legal evidence,because there are some flaws in the forensics process,and it is lack of legitimacy elements.On the other hand,it also distinguishes itself from the illegal evidence,because it is not seriously against to the constitutional rights and other personal rights of citizens,and also no serious consequences.It's the third kind of evidence in between.Theory and practice all prove that the conversion of the defective evidence has its value in solving the finiteness of the evidence and also in finding the truth of the case.Therefore,the system design of the defective evidence conversion in China is not complete,which makes it difficult to operate effectively in practice.To this end,in perfecting the defective evidence conversion process,the relevant supporting system should be designed to form a trial-centered litigation model and give full play to the role of the court.Only in this way can the defective evidence conversion system fully plays its function.This paper starts from the basic concept of defective evidence,and bases on the present situation of the legislation and judicial application of the defective evidence conversion system in China.Then,it summarizes the problems which existed in the application,and analyzes the reasons for the unsmooth operation of this system,in order to put forward suggestions for improvement from the aspect of scope,subject,method,standards and so on.