On The "Situation Statement" In Criminal Cases

There are no legal rules about“situation’s explanation” in the Criminal Procedural Law,but it is used widely in the criminal cases. It not only can prove the facts, but also can makeup the slight defective evidence. Through the sampling survey way, this paper will makeclear that the rationality of the existense of “situation’s explanation”, the competency ofevidence. Besides, this article will try to make some suggestion to improve the application of“situation’s explanation”.This article has four main parts.The first part is giving a brief account of the conception, the kind, the character of the“situation’s explanation”.First of all, the “situation’s explanation” means that in the criminalinvestigation, the criminal investigation organ or the criminal investigation department thathas the investigation right gives the specific instruction, the reasonable explanation andcorrection to the slight defective evidence,legality and other problems which need to beexplained. Secondly, the “situation’s explanation” issued by the oneness with subject,hasextensive and functional multiplicity. Last, from the functional point of itsclassification,which can prove the truth of case and which can not.The second part is mainly about application to the present of analysis. According to thecollected information,this paper comes to the following conclusion: in criminal cases,it iswidely used and cause chaos of judicial practice. The conclusion of situation is that the“situation’s explanation” does has the rationality of the existence.The third part is to summarize the application of the “situation’s explanation”exposedthe following disadvantages:in violation of the relevant legal principles, lead investigatordereliction of duty and against effective defense.The fourth part is through the analysis of the “situation’s explanation” has thequalification of evidence.Standard its production,to ensure the authenticity of the contentand detailed so as to improve the probative force. By limiting the scope of “situation’sexplanation” to reduce the practice of misue, abuse. By strengthing the procurator’ssupervison, security effective defense, perfecting the accountability mechanism and othersupporting measures on the “situation’s explanation” of comprehensive.