The Dilemma And Perfect Path Of Evidence Defense In China

From the perspective of historical development,it is a complex interactive symbiotic relationship between evidence defense and the development of the rule of law of evidence—the extent of refinement of evidence rules determines the size of evidence defense space,and the precipitation of evidence defense experience forms evidence rules,so the core of evidence defense is the focal point of evidence legislation.Evidence defense should still concentrate on the evidence ability and probative force of evidence.From the perspective of the social rule of law background,the trial center replaces the investigation center and the evidence makes the defense stage larger.The judicial responsibility system ensures the independence of the trial to make the evidence defense more motivated to facilitate the further application of evidence defense.Therefore,whether based on historical experience or making full use of realistic conditions,evidence defense needs have a more timely and refined connotation to clarify the different ways of evidence defense,grasp the boundaries of evidence defense and cross-examination and summarize the unique attributes of evidence defense.Although the theory of evidence defense is Highly beyond of the expectation,it is regrettable that as a relatively new form of defense,the development of defense practice is still relatively weak.The main reason is that the obstacles to the defense of evidence at the institutional level are still big: the Constitution ’s support for the defense of evidence is obviously insufficient,the imbalance of the rights and obligations of lawyers,and the theoretical research on the rules of probative force cannot yet provide timely and appropriate guidance to judicial practice;There is still a great lack of experience in this area: lawyers have inadequate ability to investigate and obtain evidence,lawyers have poor defense effects,prosecutors have not fulfilled their obligations of evidence charges thoroughly,and judges have not responded adequately to the defense of evidence.Therefore,from the macro perspective,we can summarize the difficulties faced by the defense of evidence as the constraints of external institutional constraints and technical bottlenecks of evidence defense.Although the theoretical blueprint for the defense of evidence is good,the actual situation is not optimistic.To defend the evidence for the future development plan and the development plan of the country’s rule of law,we must improve and follow up in terms of rights,systems,and procedures.On the one hand,when the system is perfected,priority is given to strengthen the basic rights attribute of defense from the perspective of the constitution,stabilize the space,guide the establishment of localized effective defense standards,enhance the lawyer ’ s enthusiasm for defense,strengthening theoretical research on the rules of probative force,and correctly guide evidence legislation to avoid judicial fall.The "new statutory evidences formula is the fundamental;on the other hand,the defense of evidence is further refined,with the authenticity of evidence as the starting point of the defense technology of proof power,and the core evidence as the breakthroughof judicial proof of defense technology;Finally,to ensure the right of investigating and collecting evidence of lawyers is put into practice,establishing corresponding rights protection procedures and risk avoidance mechanisms,and establishing a new mechanism for judging document reasoning to ensure that the referee document uses evidence reasoning.