Study On The Correction Rules Of Flawed Evidence

2010 rules of evidence made by the Supreme People's Procuratorate and the Supreme Court etc. firstly propose the concept of flawed evidence, and improve the classification of evidence, which is a milestone science of evidence Law. 2012 article 54 of the new Criminal Procedure Law provides the correction rules of flawed evidence which issues clear guidelines on adopting or excluding the flawed evidence. The judicial interpretation and legislation give the flawed evidence the chance to be corrected, which admits the probative value of flawed evidence, and excludes the false evidence, which not only is of theoretical feasibility and of practical significance.However, because of the abstraction of the correction rules and the lack of relevant procedural supporting measures, the judicial departments fail to carry out the rules in practice.There are a lot of flawed evidence adopted by lowering the standards of reasonable explanation, and the reasonable explanation tends to be a mere formality. There seems to be non-standard use and abuse of the correction of falwed evidence,which decreases effect of the correction and brings about a series of negative infections on criminal proceedings. In addition, current studies on reasonable explanation and prevention mechanism of flawed evidence are not sufficient to guide the judicial practice. Therefore, it is necessary to refine the rule of the correction and explore the criteria of adopting or excluding flawed evidence in depth, which could be of significant for improvement of proof system and for criminal trial practice.The thesis consists of five parts. Part I: Introduction of flawed evidence. The part explains the concept and features of flawed evidence, and difference between flawed evidence and illegal evidence,which are the most important premise of study on Criminal Evidence defect correction rules; Part II: the value of the correction of flawed evidence. The part mainly elaborates the value of the correction by analysing its theoretica and practice basis;Part III: The problems of rules of the correction in practice. This part uses the data got from the judicial practice to discuss the non-standard use and abuse of the correction of flawed evidence;Part IV: The causes analysis. The part analyzes the reasons why the rules of the correction is not well applied, and pave the way to the next part; Part V: perfect Improvementmeasures. The part provides some suggestions to improve the rules of the correction.