Study On The System Of Correction Of Criminal Defective Evidence In China

With the “concerning the handling of exclusion of illegal evidence in criminalcases the provisions of a number of issues”,“handle death penalty cases review theevidence to determine the provisions of a number of issues”announced and the “Codeof Criminal Procedure Amendment,” as well as criminal cases on Wang Chao robberyoccurred,the evidence of this concept blemishes naturally become a hot discussion ofjurisprudence and practice.However,due to evidence of legislative flawsshorter,related systems and there is no requirement to be exhaustive,it will be practicalto operate on bring some uncertainty.Blemishes on how to properly understand theevidence,how to define the boundaries of legitimate evidence and defectiveevidence,between the illegal evidence,by what procedures,methods can be effectivelycorrected flaws evidence of these problems,which need to be clarified in subsequentlegislative process and improvement.In this paper,a preliminary analysis of these issues and found that thelegislative,judicial flaws in the evidence relating to the existence of variousproblems,and propose ideas for defect correction on the basis of the evidence on thepass.Part I:Evidence for the theory of criminal corrections system defects areintroduced,starting from the conceptual flaws of evidence,evidence of its illegalconduct clearly defined,and the “correction”concept and“reinforcement”,“transformation”,etc.system to be a clear distinction,to avoid allconfusion.In addition, the law will bar the “correction”relationship “reasonableinterpretation” of the system proposed between the two side by side some degree ofexplanation.Part II:Evidence for defective extraterritorial countries listed regimes analysis ofthe historical development of the relevant system of two legal representative of thecountry,the use of the status quo will be explained,especially the British and Americanharmless error rule for our country system construction has important reference value,and then come to improve our future compensation system flaws evidencederived useful inspiration.On the types of evidence,physical evidence and the wordsare divided into two types of evidence,evidence of extra-territorial application of thesystem flaws countries also differ depending on the type of evidence vary,this sectionwill be set forth in the discussion separately.Part III:Analyze the evidence against the status quo of China’s corrections systemand found deficiencies which existed from the legislative,judicial two levels,focusedon correcting problems that exist in our judical practice is explained, nothing theimprovement of legislation to combine the objective reality to regulations.Part IV:Analysis of the problem in the previous section targeted idea,put forwardevidence of defect corrected in future series of recommendations to improve thesystem,including all aspects of compensation from the subject,the number ofcorrection,correction methods,and supporting system for correcting be improved.