On The Application Of Criminal Sampling And Evidence Collection

The massive amount of criminal evidence has exacerbated the difficulties of judicial organs in proving,including the difficulty of collecting evidence and verifying facts.Criminal judicial organs have begun to adopt the method of criminal sampling and collection of evidence,and prove all the unproven facts of the case by extracting some sample evidence for verification..Criminal sampling evidence collection is a new way of collecting evidence and proving.It does not generate new types of evidence in the process of application.It is essentially a method of criminal presumption.It is based on the basic facts of the case,uses the results of criminal sampling evidence collection,and combines judicial personnel.Own experience and judicial logic to presume the facts to be proven in the case.It is not the precise verification of evidence one by one required by accurate justice,resulting in the fact that the evidence outside the sampling sample has not been reviewed by the "three sexes",and it also has the effect of proving the facts of the crime,but the whole case still requires proof beyond reasonable doubt.Therefore,the application of criminal sampling for evidence collection will not reduce the proof standard of the case.At present,my country’s "Criminal Procedure Law" has not clearly stipulated the application of criminal sampling evidence collection.Therefore,in judicial practice,there have been connivance crimes caused by unknowingly using sampling evidence collection,or improper conviction caused by abuse of sampling evidence collection,and failure to pay attention to Risk of appeal arising from normative sampling procedures.Therefore,in the construction of the criminal sampling and evidence collection mechanism,it is necessary to abide by the principle of statutory crime,and the amount of elements should not be arbitrarily pushed back,and a "bottom-line" proof thinking should be constructed;the principle of necessity should be adhered to,and the premise of application should meet the requirements of the massive amount of evidence and the same level of evidence.Qualitative;adhere to the principle of scientificity,and reasonably select criminal sampling and evidence collection methods for cases of different attributes;pay attention to protecting the rights of the defendant,improve the production of sampling lists or transcripts,and allow the defendant to present "reverse evidence".In the selection of specific sampling plans,it is necessary to pay attention to the reasonable selection of sampling methods from simple random sampling,equidistant sampling,and stratified sampling methods according to the different nature of the case evidence..This paper is mainly divided into the following four parts: The first part clarifies the concept of criminal sampling forensics,introduces the development of the concept of criminal sampling and forensics,and clarifies that the applicable object of sampling forensics has changed from physical evidence to various types of evidence.At the same time,the legal provisions on sampling and evidence collection were searched and analyzed,and the sampling and evidence collection method was first introduced by the laws related to administrative law enforcement.However,the Criminal Procedure Law has not yet clearly defined the criminal sampling and evidence collection method,which is only covered in a few criminal judicial interpretations.The second part analyzes the current judicial practice of applying criminal sampling forensics,and analyzes the application of criminal sampling forensics by means of China Judgment Documents Network.At the same time,according to the proportion of cases,100 judgment documents were selected for typed and specific analysis,and several difficulties faced in judicial practice activities were obtained,including difficulties in transforming evidence from administrative sampling,ignoring whether to apply or arbitrarily applying criminal sampling for evidence,and Normative application of the dilemma of criminal sampling forensics.The third part demonstrates the necessity and feasibility of the application of criminal sampling and evidence collection,and discusses the necessity from the difficulties of accurate proof caused by the mass of evidence,the limitation of limited resources of criminal judicial proof,and the common requirements of judicial fairness and proof efficiency.It is clarified that criminal sampling evidence collection is essentially a criminal presumption,which confirms that criminal sampling evidence collection is only a new method of evidence collection and proof,and does not generate new types of evidence.It will not lower the standard of proof in the whole case.The fourth part puts forward suggestions for building a criminal sampling and evidence collection mechanism.In principle,it should abide by the principles of criminal law,necessity,scientificity,and protect the rights of the accused.In stratified sampling,the sampling method should be selected reasonably,and the "bottom line" proof thinking should be constructed when proving the amount requirements,and the gradual sampling method should be adopted.