Defender, Agent Ad Litem To Destroy Evidence, Fabricating Evidence, Prejudice To Testify Research

In 1997, the Criminal Law revision was an important milestone in criminal judicature activity in our country, but some questions have been exposed in judicial practice that exists in legislation recently. Among those questions, crime of defender or agent ad litem destroying or forging evidence, hindering testimony has been paid high attention by the judicial theorists and judicial practice. In addition, disputation about saving the wasting this article has been caused because of correlation cases occurred in practice.This article altogether divides into four parts. First, from the beginning of legislation background that crime of defender or agent ad litem destroying or forging evidence, hindering testimony substituted crime of lawyer hindering testimony in the revising 97Criminal Law, through compared legislation stipulation related lawyer duty crime in the foreign criminal law, this part has reflected macroscopically two questions about this crime that existed in the legislation. The one is there is not right to take defender or agent ad litem as the special main body in the evidence crime aspect in criminal legislation; the other is neglecting the face that Crime of defender or agent ad litem destroying or forging evidence, hindering testimony originates in breaking a promise or conflict proxy in the overseas universal stipulation.In this part, the article elaborates judicature recognizes about present specific stipulation of this crime from four aspects in detail. One is to recognize the main body scope of this criminal crime through analyzing the different function of lawyer, which undertakes in the different criminal prosecution phase; Two is to promulgate non-determinism to recognizes caused by non-definitions of limitation of this crime behavior through analyzing conceptions related "threat", "tempt ", "fact" etc; Three is to limit the non-crime boundary of the crime from is subjective intentionally and remarkable slight plot; Four is to promulgate boundary between this crime and the approximate crime through compared this crime with offence of giving false evidence, crime of hindering testimony, and crime of helping to destroy or forge evidence.