On "Situation Explanation" In Criminal Litigation

"Situation explanation" is one of the very common materials in the criminal procedure, but it is in the name of the law and have no special, just is a habit of criminal judicial practice. It does not belong to "Criminal Procedure Law" provisions of the eight kinds of criminal evidence, relevant judicial explanation or guidance document did not appear in the nature of "situation explanation" and how to apply clear norms. However, "situation explanation" is widespread and is widely used in the judicial practice. Its function is widespread, not only can be used to improve the entity the facts of the case, to explain the legitimacy of evidence collection procedures for defective evidence can also be used to package. This article adopts the way of collecting survey data, apply to the "situation explanation" in practice situation was analyzed, and pointed out that "Situation explanation" in the case of non-standard widely used leads to many disadvantages, but at the same time "situation explanation" also has the advantages of other evidence can’t both as a product of judicial practice, "situation explanation" can long exist inevitably has its rationality. And on how to reduce its disadvantages, more appropriate use of "Situation explanation" are proposed.This paper mainly includes the following four parts.In the first part, the concept of "situation explanation" and its classification and characteristics are summarized. The note is in judicial practice, criminal investigation organ or department issued a written materials, the main contents involved in criminal cases, including criminal case detection process, procedure of investigation and the legality of acts, the suspect constitute surrender or legislative work, explain, or the correction of the defective evidence. According to the fact, it is divided into two kinds:the case description of evidence and the non-Evidence significance of the situation. At the same time, the "situation explanation" shows that the production of a single, the name and manifestation of the chaos, the content involves a wide range, the higher effectiveness and the production stage is not fixed.The second part mainly analyzes the theoretical basis of the evidence theory of the "situation explanation". It is pointed out that there is no clear stipulation in the law of our country, but it is included in the scope of the "explanation"and "reasonable explanation" in the criminal procedure law and the relevant judicial interpretation. However, because "situation explanation" does not belong to the "Criminal Procedure Law" provisions of the eight types of evidence, and therefore the "situation" of the evidence qualification and property are still controversial, there is a completely negative, most of the negative and most certainly say, and many other views, the author believes that most of the evidence, there is a reasonable. Should be based on the specific content of the "situation explanation" for the appropriate classification, and then according to the different types of evidence of the use of the property law.The third part is mainly from the actual data, described the situation of the "situation explanation" in practice in a large number of cases, not to regulate the status quo, and analyze the "situation explanation" is widely used and the "situation explanation" is misused, abuse lead to various drawbacks. Through the actual data can be seen, "situation explanation" in practice is widely used in the case of various substantive issues, procedural issues and evidence issues. At the same time, the existence of the name confusion, confusion, and issue the main confusion, such as the phenomenon of chaos. In the judicial practice of "situation explanation" reason is widely applicable, is because of "situation explanation" with defective evidence to make corrections, improve the efficiency of handling a case, adds to the growing body of evidence to confirm each other and other evidence can not simultaneously have the advantage. In practice, the application of the "situation explanation" is the following drawbacks:first, the illegal evidence can not be effectively eliminated; the two is to weaken the responsibility consciousness of investigators, affect the quality of the case; three is to deprive the rights and interests of the defense party, and the four is the risk of abuse of power and corruption.The fourth part is mainly about the application of the "situation explanation".First, the application of the "situation explanation" of the form, the content of the standard, strictly limited to use. Second, carefully combing, according to the "situation explanation" of the content to determine the type of evidence, strictly according to the law. Third, adhere to the principle of priority of the witness, when necessary, to draw the investigators to testify in court. Fourth, "situation explanation" shall be admissible after cross examination in the trial process. Fifth, through the strengthening of the review, cancel the performance appraisal, the referee reasoning and other relevant measures of "situation explanation" for supervision. Sixth, the increase in the establishment of the "situation explanation" evidence.