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Research On Flawed Evidence From The Perspective Of Investigation

Posted on:2019-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y MaFull Text:PDF
GTID:2436330578472289Subject:Law
Abstract/Summary:PDF Full Text Request
The issues of the value of crimes control and obey legal procedure have been concerned and debated among the academic circle for a long time.The defective evidence is a choice by weighing the pros and cons.It has been a hot topic about how to sharpen the evidence awareness,enhance the ability of evidence collection,and improve the evidence management system.The appearance of defective evidence requires gradual progress from the investigation stage,which can not be changed in a short time.Under the existing system,it's not realistic put hope on the judge to make the final evidence check.After all,it will be a waste of time to look for and rectify the defective evidence in the trail procedure.Therefore,we should pay attention to how and at what stage the defective evidence is produced.All the evidence is collected from the investigation stage,and correction and clarification come next.Even though the evidence is defective,after being explained or corrected reasonablly,the defective evidence can be remedied,so that it can be used as the basis for the decision.This pratice is consistent with the traditional legal culture concept,and can be accepted more easily by the public.And this is the value of the existence of defective evidence.Public security organs are the main force of investigation,at the current stage,it's unpractical to supervise and prevent the illegal evidence collection of the public security organs,as it's related to the internal and external factors of the investigation organs.This thesis studies the formation of the evidence,and its normal forms based on the current public security situation,and study defective evidence from the investigation perspective with the help of the data in recent years.To remedy defective evidence is a last resort what is more important is to set up correct evidence collection idea,establish the rule of defective evidence,and take advantage of the internal and external supervision,in order to avoid defective evidence.
Keywords/Search Tags:Defective evidence, remedy, Stage of investigation, Centralism judgment
PDF Full Text Request
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