Research On The Standardization Of The On-site Material Evidence Collection And Litigation Application

With the progress of science and technology,technology investigation has been more and more attentioned.In many cases,a variety of investigation techniques has been used,which makes the problem that very difficult to solve can be effectively resolved.This has also led to the continuous identification and promotion of technology investigation.However,on the one hand,after all,technical investigation resources are limited,not all places have the condition of use,its use is limited by the limited resources.On the other hand,as the use of technical investigations continues to expand,investigators are increasingly dependent on them.This has led us to ignore the traditional site survey.A question that is criticized for everyone has also been arised,which is Under the technology investigation,some of the basic rights of the people are not adequately protected.Also worth mentioning is that,in recent years,injustice false cases continue to be exposured,such as Nie Shubin case,Yu Yingsheng case,which reflecs that there are some problems in our past investigation.As well as the previous hiding cat and other incredible events,all these,have made a new challenge for our investigation work.in view of this,we need to further examine the past,look to the future.In order to be more practical to meet the needs of the times,not only need us to use technology investigation well,but also need us to fix the first step in the investigation--on-site material evidence collection.Blacksmith also need their own hard,this can face the challenge,also can carry out the first off for the whole case.Based on the above reasons,the author chooses the perspective of “Trial-centered litigation reform” of fourteenth plenary session,which is also called trial center doctrine,combine with the relevant requirements of the Evidence Act,and analysis typical cases in detail.So that it can put forward a perpect progrom to improve the investigation work.In addition to the introduction and conclusion,this paper is divided into three partsThe first part introduces the connotation of the trial center doctrine and its influence of the on-site material evidence collection and itigation application.First of all,introducing the trial center doctrine from the meaning 、basic requirements andachieving way of the trial center doctrine.Laying the foundation for the normative work.Secondly,combined with on-site material evidence collection and litigation application,introducing the influence of it and the challenge we will meet,what we need to adjust to adapt to the new situation.In the second part,analyzing the problem in the process of the on-site material evidence collection and litigation application,and it is divided into three parts.First of all,analyzing the problem of the way of collecting evidence from the legitimacy of evidence,combined with Nie Shubin case.Secondly,analyzing the problem of explanting the relevance from the relevance of evidence,combined with Zhang Gaoping,Zhang Hui case.At last,analyzing the truth and objectivity from the truth of evidence,combined with “3.20 Xiaoshan” injustice case.In the third part,putting forward the reformatory path in the process of the on-site material evidence collection and litigation application,from five aspects to demonstrate it.First of all,tamping our foundation of the on-site material evidence collection,it mains that standarding our program of collecting evidence and rebuilding the Pre-trial investigation.Secondly,by analyzing Lei Yang case,suggesting building a professor team,which is Independent of the public prosecutor system.It means to supervise the on-site material evidence collection work and for making it more standardized.Once more,in the program of the litigation application of the on-site material evidence,by substantive trial to cross – examinate the on-site material evidence and its identification opinion.At last,it needs to strengthen looking into the responsibility of investigators and judges,to implement the standardization of the on-site material evidence collection.