On The Supplement And Correction Of Criminal Flaw Evidence

Evidence is the basis and soul of clarifying the facts of a case in lawsuit.In judicial practice,besides legal evidence and illegal evidence,there are still a lot of defective evidence.Laws and regulations are not perfect enough,the application of judicial interpretation is not uniform enough,the conditions of investigation activities are limited,the investigation behavior is not standardized,the supervision mechanism is not perfect,may be the cause of defective evidence.In our country,the concept of defective evidence was put forward as early as the late 1990 s.In recent years,with the deepening of legal research in our country,the problems encountered in judicial practice become more and more complex,and this issue has been constantly valued.On June 13,2010,when the two Provisions were issued,the concept of defective evidence was formally put forward by laws and regulations.Correcting or reasonably explaining the corresponding defective evidence,the defective evidence can be applied.Through the understanding of the problem of defective evidence at home and abroad,although the regulations of each country are different,they all give certain application space to the defective evidence.Our laws and regulations adopt remediable exclusion rules for criminal defective evidence,which can be remedied through correction and reasonable interpretation.However,there are still some problems in the correction of criminal defective evidence.For example,the concept and definition criteria of criminal defective evidence are still uncertain,and it is still difficult to clearly distinguish them from illegal evidence.They are vague and difficult to clearly define in judicial practice.The correction and supervision mechanism of criminal defective evidence is not perfect,and it is difficult to really improve the criminal defective evidence.Effective corrections,the above problems still need us to continue to explore,and then make targeted solutions.