Study On The Evidence Investigation In The Criminal Trial

Accord to the legal procedures and methods, the subject of proceedings display, confront and verification the evidence materials in the criminal trial for confirming the proof strength, which is called the criminal evidence investigation. As the center of the criminal trial, the result of this activation affects adopting what kinds of evidence and finding out the facts directly, so that the setting of procedure is very impront,which roles in this consequence. It reflects the contesting of the right between the judge and partes.It also expresses the choice of the value between"procedure justice"and"entity real".Because of the differences of lawsuit idea and trial pattern, every country has its own evidence investigation system. The most typical models are"judge leading evidence survey"and"party leading evidence survey". At the same time, with the trend of the development of the criminal litigation, some countries refer to the two models and reshape"hybrid evidence investigation". The differences mainly embody on the subjects, the relations of convicted evidence survey and sentencing evidence investigation, the process, the method and so on. This essay is on criminal evidence investigation,specifictly research and analysis from the above.Of course any research should be pointing to the domestic and solving the most practical problems, to promote the system to improve. Our country's trial evidence investigation has many problems: the victim as evidence investigation subject not only damages the lawsuit theory, resulting in the internal structure inbalances,but also makes the survey difficulty; convicted evidence and sentenced evidence survey at the same stage not only violates the logical thinking of the"first conviction then sentencing", but also makes the sentenced evidence cannot be got more attentions; there is no established rules for determining the scope and sequencing of evidence, which may causes the truth distortion; judge has more rights in trial that invading defendants to perform rights. Strong authority is the most general performance and the greatest obstacle to reform.Now many courts explore and practice spontaneously to solve the problems,meanwell the voice to revise the law again becomes more and more high, which offer the opportunity for refom.The author suggests in choosing the path of progressive to fine-tuning the system,builting on the basis of considering reform restricting factors and clearing the goal. We should focus on the optimizing the process, restricting the power of judges appropriatly,and protecting the rights of the defense.