Research On The Authentication Rules Of Real Evidence In China

The Fourth Plenary Session of the Eighteenth Central Committee proposed the substantive reform of court trials,requiring the full implementation of the rules of evidence adjudication,that is,the determination of the facts of the case to be based on evidence.The Criminal Procedure Law of the People’s Republic of China has established the principle of evidence adjudication,and the determination of the facts of a case in criminal proceedings revolves around evidence.According to the principle of evidence adjudication,the determination of the facts of a case can only be based on the evidence that has legal qualifications,that is,the evidence has legality or evidential capacity,which is expressed in the evidence law norms as follows:first,the legality of the subject of evidence;second,the means of obtaining evidence The third is the standardization of evidence records.In judicial practice,evidence of unclear authenticity enters the litigation procedure and is used to determine the facts of the case,which is an important reason for the occurrence of unjust,false and wrong cases.The authenticity of evidence is verified by verifying the source of physical evidence,documentary evidence,audio-visual materials,and electronic data,as well as the process of collection,storage,transportation,and identification,to prove that the evidence presented in court is identical to the "claimed evidence" of the proving party It reflects the real situation of the evidence,so as to exclude the physical evidence that does not have the ability of evidence from the court.The authenticity verification system of physical evidence is of great significance to the implementation of the rules of evidence judgment,the prevention of unjust,false and wrong cases,and the substantive reform of court trials.The verification system of physical evidence in my country is still in its infancy in terms of evidence legislation,judicial practice and theoretical research,and there are problems such as lack of legislative rules,lax judicial enforcement,and imperfect supporting systems and facilities.This paper takes the problems of the authenticity verification system of physical evidence in our country as the research object,and finds the specific problems of the authenticity verification system of physical evidence in judicial practice through the method of case analysis;summarizes the verification rules in the evidence law of China and the United States through comparative research methods To explore the direction of the development of China’s authentication rules;through the literature research method,explore the system and legal conceptual obstacles that may appear in the construction of the authentication system in my country,and propose improvements based on the problems in judicial practice and legislative theory Suggestions on the feasibility of my country’s physical evidence verification system.This article is composed of an introduction,four chapters and conclusion.The introduction part introduces the research background,significance and research situation at home and abroad.The research review starts from the multiple translation methods of the word "Jianzhen" by domestic scholars,combs the process and current situation of the research on authenticity in the theoretical circle of our country,and summarizes the situation of authenticity in foreign countries.The first chapter is about the main problems of our country’s authentication system in judicial practice.Starting with a number of judicial cases,it reflects on the main problems of my country’s authentication practice in evidence collection,custody,appraisal,and the elimination of illegal physical evidence,and studies the lack of norms,inadequate enforcement,and judicial traditions behind the problems.The second chapter is about the problems of our country’s authentication system from the perspective of comparative law.This chapter is divided into three sections.It introduces the authentication rules in the U.S.Evidence Law and my country’s legislation on authentication,and compares the differences in authentication rules between China and the United States,and analyzes the direction of my country’s authentication rules.The third chapter is about the obstacles of my country’s establishment of the verification system of physical evidence.This chapter is divided into three sections to explore the possible obstacles of the "investigation centralism" under the criminal justice system of the "division of labor and responsibility" of the "division of labor"under the criminal justice system of the competence doctrine litigation model,the"substantial and less procedural" lawsuits..The fourth chapter is the suggestions for perfecting our country’s physical evidence authentication system.This chapter is divided into three sections,aiming at the problems in the judicial practice and legislative level of our country’s authenticity authentication system in Chapters one and Chapters two,corresponding suggestions for improvement are put forward.