The Principle Of The Criminal Evidence Referee

The evidence referee principle is a basic principle of the Criminal Procedure Law, refers to the facts of the case in criminal proceedings must based on evidence, that is, the criminal justice must based on the evidence. The judicial proof of human society has experienced two changes: the first is the transformation from the “God card” to “witnesses”, and the second is the transformation from “witnesses” to “evidence”. With the continuous progress of human society, judicial proof method is more scientific, more in line with the objective law, the evidence referee principle is the final product of the process.The evidence referee principle should include the following meanings:(1)the alleged facts should be identified rely on the evidence, anyone shouldn’t identify facts if there is no evidence.(2)the evidence should have the ability, it shouldn’t be adopted if there is no ability.(3)the evidence for the alleged facts must be verified by the court. The evidence referee principle requires find the facts of the case according to evidence. Judicial officers can not be subjective assumptions or guessing the facts of the case. This principle has great significance in the judicial practice, which can effectively overcome judicial arbitrariness, to prevent torture, to achieve justice. Under this requirement, judicial officers should be based on the evidence to find the facts of the case. Based on this, in many countries, the evidence referee principle has made clear that the relevant provisions of the Criminal Procedure Law also.The regulation of our country legislation related to the evidence referee principle scattered in criminal procedure law and relevant judicial interpretations, the rules are just basic spirit, the establish legislation of this principle is not clear, and the rules of evidence proving standard is not clear, the evidence rule system is imperfect, lack of the illegal responsibility, etc. At the same time, there are still a lot of practice against the evidence referee principle, and there are many deficiencies, such as the concept of judicial personnel evidence to judge is not strong, the prohibition of illegal evidence to collection behavior, the written judgment reasoning system is imperfect, and so on.The evidence referee principle is the core of the criminal lawsuit system principle. It makes the process of determine the case facts more scientific, objective and convincing. As a result of this principle still have some shortcomings in our criminal litigation and judicial practice, there are still many judicial practice contrary to the evidence referee principle approach. This article describes the basic content of the evidence referee principle, the evidence referee principle of extraterritorial major countries to inspect, then analyze the status applies of the evidence referee principle in our country, and the problems of the evidence put forward to a second judgment system recommendations. After analysis, to demonstrated that the evidence referee principle in our country be better applied, establish civilized, modern scientific concept of justice,ensure fair and impartial judicial activities.