Study On "Situation Explanation" In Criminal Procedure

The "situation explanation" discussed in this article refers to a written material issued by an agency or department with criminal investigation power.It has existed in criminal proceedings in China for a long time and is a product of criminal judicial practice.Its existence is reasonable and inevitable.The author starts from the basic theory,Analyze the current situation and disadvantages of the application of the "situation explanation",focusing on the question of whether the "situation explanation" can be used as evidence,the types of evidence to which it belongs,as well as the problems of evidence ability and proof power,Finally,reasonable measures are put forward to regulate the "as well as the problems of evidence ability and proof power",so as to add to the fair and just development of justice.The research content of this article mainly involves the following four aspects:The first part mainly discusses the demarcation of "situation description" and its causes.The first section first defines what the "situation statement" is,mainly explains the issuing subject of the "situation statement" and whose name it is issued in.Secondly,due to the all-encompassing content of the "situation explanation",it is divided into four types: "entity","procedure","evidence" and "reporting" after typed combing,in order to carry out in-depth research on it.Finally,the characteristics of "situation explanation" in judicial practice are summarized,which are mainly manifested in a single production subject,a wide range of production stages,and various functions.The second section analyzes why the "situation explanation" is widely used in judicial practice without the explicit provisions of the current law.The reason lies in the fact that the complexity of fact finding,the requirement of evidence strictness,the limitation of judicial resources and the driving force of litigation culture and interests make the existence of "situation explanation".The second part uses data to analyze the current status of the application of the "situation explanation",which is mainly reflected in the large number of "situation explanation",the wide scope of application,and the high adoption rate.The second section mainly expounds the disadvantages of a large number of application of "situation explanation".Due to the nonstandard and illegal use of "situation statement",it is difficult to exclude illegal evidence,weaken the sense of responsibility of investigators,deviate from the principle of direct speech,and infringe on the litigation rights and interests of the defense.The third part focuses on the evidentiary issues involved in "situation description".As a unique evidence material in the judicial practice of our country,the argument about the evidence ability of "situation explanation" mainly focuses on the evidence form of "situation explanation".Because "situation description" does not belong to the category of legal evidence,there is a great controversy about the category of evidence it belongs to.By analyzing the application of "situation description" in judicial practice,and according to the content,form or other factors of "situation description",the author agrees to classify it into corresponding legal evidence types.In addition,in addition to the formal legality,the legality of the subject and means of making the "statement of circumstances" and the provisions of the court investigation procedure are also the requirements of the evidentiary capacity put forward by the "statement of circumstances".The second section studies the proving power of "situation explanation".According to the theory of "Three Natures",legitimacy is used to judge the proof ability of evidence,and objectivity and relevance are used to judge the proof ability of evidence.In this way,the author thinks that we can judge the proving power of "situation description" from two aspects of objectivity and relevance.In the fourth part,the application of "situation description" is regulated reasonably.Although the extensive use of "situation explanation" in judicial practice has caused some malpractices,we can’t adopt the "one size fits all" approach to completely deny the value of "situation explanation".On the basis of relative rationalism,strict proof and free proof,the author puts forward to standardize its formation process and limit its use.At the same time,it is necessary to gradually improve the relevant supporting measures and improve the rate of investigation personnel to testify in order to play the positive value of "situation description" in criminal proceedings.