On The Defense Of Evidence In Our Country

At present,as a new type of defense,evidence defense appears more and more frequently in judicial practice,and it is the fruit of more and more refined criminal defense.The direction of China’s judicial reform and the continuous improvement of the rules of criminal evidence have provided a steady stream of nutrients for the defense of evidence to thrive in practice.At the same time,evidence defense is also the backbone of adhering to trial-centricism and achieving effective defense.The defense of evidence in the object of defense,the path of defense,and the emphasis of defense in each stage are different from other forms of defense,and are unique.Although the defense of evidence occurs from time to time in practice,the system corresponding to the defense of evidence has not been promoted with the improvement of China’s criminal litigation system,and some problems have gradually emerged,such as the evidence acquisition mechanism,evidence review procedures,and evidence defense.The supporting system is not perfect.Some excellent experiences in the defense system of evidence in common law systems and civil law systems and related supporting systems are worthy of reference for our country.Adhering to the defense of evidence is the due meaning of promoting the substantiation of criminal defense,realizing trial centralism,and ensuring that criminal suspects get effective defense.Therefore,the obstacles encountered by defense lawyers in collecting evidence and using evidence in practice cannot be completely copied.Relevant systems outside the country should be explored and practiced according to China’s national conditions.Through improving the mechanism for obtaining evidence,the procedures for reviewing evidence,and related supporting systems,a set of operational mechanisms for evidence defense based on China’s legislation and judicial practice has been bred.