The Research On The Experimental Evidence

Since the first legislation of China's Criminal Procedure law,the provisions on investigative experiment carried on the idea from former Soviet Union's Code of Criminal Procedure,which is only an investigative measure belongs to the part of investigation and examination.Due to our criminal procedure's concentration on disclose entity truth for long-term;the investigation procedures being a major part of the entire procedure;and testimony being the centre of proof action,investigative experiment is only used as an investigation measure to testify whether the statement of suspects, victims and witnesses is true,and to hunt for clues in practice,results of investigative experiment can't be submitted to the court as evidence as well.Limited to investigation area,deep research on investigative experiment is rare.Even mentioned to the value of investigative experiment,most scholars are dismissive,because of its characteristics of simulation,as well as the deficiency of legal provisions.However,a number of cases need to be proved by results of investigative experiment in practice.Therefore,results of investigative experiment could be adopted by court in the form of records of investigation and examination or expert conclusions in a few cases.Investigative experiment is not only a commonly used detective mean, but also a way to prove.Besides,result of investigative experiment has special value to prove too.In Italy,Portugal and Macau's Criminal Procedure Code,investigative experiment is prescribed to be a legal way to prove.In many common law countries,as well as in Taiwan's theory of evidence, effectiveness of result of investigative experiment has been generally recognized as evidence in trial.The purpose of this article is to and separate result of investigative experiment from the unscientific classification,into legal evidence(which is called"experimental evidence"later),make full use of experimental evidence as evidence in criminal proceedings.Specifically,this paper start at the concept and characteristics of investigative experiment,demonstrating the mechanism that result of investigative experiment forms,and the reason to transform it to the experimental evidence.Secondly,analyze the concept and features of the evidence.Then,analyze characteristics and the principle to prove from the evidence Law's angle.Thirdly,combine the legal practice in China with relevant provisions in other countries to establish Chinese procedure of evidence,cross-examination and attestation on experimental evidence.The establishment of experimental evidence may,on the one hand, broaden the way to prove especially in some cases which could not be proved in a normal way.On the other hand,it can effectively reduce the dependence on statements in criminal investigation,and improve the capability of investigation agencies to use scientific and technological tools. In addition,it is conducive to indirectly prevent the occurrence of extorting confessions by torture,ensure the exercise of the right to defense,as well as to strengthen the protection of human rights.