The Study Of Criminal Evidence Admissibility And Adopted

After the SheXiangLin case, WangHaiJun case and DuPeiWu case etc, it continued to happen ZhaoZuoHai case, in the face of these against social justice, the freedom of the case made frequent, that is sure to make people lose confidence to law and judicial authority. Once the famous British philosopher bacon said:"Injustice’s harm is greater than many of the crimes,because the crime just pollute water flow but the injustice pollute water source". Obviously,Injustice’s occurence is harmful to the society very much. So What the problem it has. It is well known that different people in the face of the same case often come to different conclusions in the judicial practice,It is ture that everybody observes the same case but observes in different cases.From this,we can know that problems may be the adoption of criminal evidence. According to the characteristics that criminal case is the most easy to occur infringement of personal freedom. The author tries to take the law’s basic value and theory and the basic concept of humanism as theoretical basis for this article, from the criminal evidence’s theory development, meaning and characteristics, and combining the reality of the case and the judicial practice to analyse the adoption of criminal evidence,and discuss how to adopt criminal evidence as far as possible to avoid happening the misjudged case.This article is divided into four parts:The first part, the evolution of evidence system. Researching the evidence’s historical development,puting forward the concept of evidence and analyzing the basic characteristics of the evidence as the theoretical foundation for following text which discusses the adoption of criminal evidence.The second part, Adoption of the criminal evidence. Taking the basic characteristics of the evidence which analysed in the first part and the purpose of law as the foundation is to expound the meaning and standard of the adoption of the criminal evidence,and analysis that our country’s legislation’s attitude is to the illegal evidence and China’s "files record center doctrine" threat the right adoption of the criminal evidence. The third part, Analysis of the adoption of the criminal evidence, Combining with examples, we analyse how to adopt correctly criminal evidence.The fourth part, epilogue. Finally sum up, and summarize the importance of adoption of the criminal evidence, and put forward some important factors that related to the criminal evidence is properly adopted.