On The Evidence Of Record

Legal evidence record as China’s three major procedural laws of common provisions, plays an important role in academic research and in the process of litigation practice. Explain in general sense, the record can be used as a verb, meaning to take notes; also can be a noun, meaning of recorded text. In the legal science field, especially used in litigation activities record in text form fixed evidence and records of proceedings.This text is divided into four parts, the first part briefly introduces the concept and legal status of the record. The record refers to a variety of judicial personnel, law enforcement officers or lawyers in the case of the record. The three procedural law all clearly put the record as a legal evidence, not only in our law has clear provisions, foreign law such as "American federal rules of evidence", Japan "Criminal Procedure Law" and so on are provided. Therefore,it’s legal status is obviously.The second part focuses on the record is how to obtain the evidence qualification.Proof of eligibility issues involved in arbitration, notarization, judicial, law enforcement, supervision and other activities in the relevant personnel decisions presented evidence can be adopted on the basis of criteria. In short, it is what kind of evidence can be adopted. In our theory and practice all generally consider as the evidence legality,objectivity and relevance, we have the qualification of evidence. As a kind of legal evidence, the record naturally should also have the legitimacy, objectivity and relevance in order to obtain the qualification of evidence. In this part, the author according to the Investigative Experiment record, record of field,survey records as examples,detailed how the record obtain the qualification of evidence.In the third part the author proposes flaws in the judicial practice of the record from three areas,the legitimacy, objectivity and relevance. In terms of the legitimacy of the defect, mainly for the laws and regulations of our country on the record is mainly concentrated in the field of criminal, civil and administrative areas are rarely involved,and the provisions are scattered. The objective aspects of defects mainly for the record is hardly to avoid the intervention of human, and the human intervention will affect the objectivity of the record. The relevance of the defects is still associated with the subjective meaning, because once the human factors involved, then the relationship between the evidence and the facts which are to be proved may involve personnel’s subjective meaning,thus attack the relevance of record,who is as a Legal evidence.The fourth part the author mainly aimed at the proposed many defects in the third part puts forward his own ideas. Legitimacy defects for reinforcing the fundamental way is to strengthen legislation, our record of legislation is relatively fragmented, hope to be able to come as soon as possible the record of evidence law and clear in the evidence law will be qualitative, clear rights come from the record, the record of the exercise, the record of generating effectiveness and defect record of accountability. In terms of strengthening record of objectivity, the author advocates to first to strengthen the rights in the process of the record record; Second, must strengthen the specification the record tool. Record as evidence there is sure to cause the problem of evidence preservation, thus will resume its a perfect record specifications, on this basis, the perfect our country criminal law to lost the provisions of the criminal evidence. Finally, in order to strengthen the correlation record, the first thing to do is as required by the legitimacy and objectivity; Secondly, the author thinks that for the record in the associated case should give a clear positioning of the role of.