Evidence Of Crime Research

Offence against the rules of evidence is one very important type of crimes of impairing judicial administration. Based on the theory and practice of criminal law this paper discusses with the legislation and class of the offences, and analyzes the constitutive elements of the offences. And also discusses with the determination of these crimes. It consists of foreword and 5 parts.The foreword is about the importance of the study on the offences against the rules of evidence. The first part introduces the concept and class of the offences, and has a look on the legislation. The criminal legislation of crimes of breaching the rules of evidence have some lacuna at the begin, but it has make a great progress now. The second part is concerned about the subjective element for the crimes, including the meas rea and subjects of crime. As for witness, the first, when a person commits the offences as a witness, he must has the capacity of criminal responsibility. The second, the scope of the witness doesn't cover the injured party. As for the accused, they only can commit some kinds of offences among the crimes relating to evidence. The criminal behavior must has been done willfully.The third part is concerned about the objective element for the crimes, including criminal behavior and the object of a crime. A person commits perjury when he willfully makes a false statement which he dose not believe to be true. When he commits assisting offenders, the person not only can help a accused to exterminate and forge proof, but also can exterminate and forge proof himself for a accused. Offences against rules of evidence always infringe the administration of justice.The fourth part is about the determinations of these crimes. The differences between the attempted crime and preparation for a crime and consummation of a crime and voluntarily surrender oneself are very important for the judge to take cognizance of these offences. The last part brings forward some proposals for reform on legislation. The legislation should take it as a crime that when a person who has known the evidencerefuses bare witness without reasonable ground. The special relations should be mitigated criminal responsibility when they commit some offences. It's no need for legislator to lay down a stipulation about pleaders and legal representatives in criminal law.