Analysis On Doubtful Retrial Of Second Criminal Procedure The Empirical Research On The Application Of "Situation Explana Tiontion" At The Trial Stage

The "situation explanation" studied in this paper is a general and customary title of a kind of evidence material used in judicial practice to explain and explain.It is issued by the relevant unit in the criminal proceedings(investigating organs or other units)or individuals(unit handling personnel),on the process of handling the various problems arising from the case to explain and explain the written materials.This paper mainly studies the present situation of "situation explanation" in the trial through the way of empirical research,and puts forward the necessity of some "situation explanation" and puts forward the relevant perfect measures.This paper is divided into three parts.The first part mainly summarizes the "situation explanation",which mainly includes the concept of "situation statement",the relevant legal provisions and the evidence attribute,and classifies it."Fact sheet" mainly have absolute negation that absolutely absolutely said that the relative negation said,relatively sure that.This article agrees with the relative affirmation.That some "situation statement" has a certain ability to evidence.According to the "situation statement" to prove the role of different,will be divided into five categories.Including the absence of evidence to prove the legitimacy of the investigation,the main evidence to supplement and make corrections to the defect evidence and other "situation statement."The second part mainly analyzes the application of the "situation explanation" in the criminal trial from the empirical data.The "situation explanation" mainly shows the large number of criminal judgments,the high rate of adoption in the trial,the wide scope of application in criminal cases,In the practice of legal effect and other characteristics,and analysis of the " situation explanation" in the form of evidence in the form of a single,to prove the contents of the diversity;authenticity can not guarantee the increase in the risk of misjudgment of the judge;lack of acceptance rules,High;the description of the abuse,resulting in illegal evidence can not be effectively excluded and other defects.There are no major reasons for the emergence of these shortcomings.First,China's law and related judicial interpretation does not make a clear specification of the " situation explanation";Second,the "direct words principle" failed to implement,failed to effectively protect the prosecution side of the quality of evidence,But also easy to make the judge by the written testimony or the wrong information of the interference;Third,the investigators there is a deviation,the procuratorial organs of the supervisory function failed to play effectively,may lead to "situation description" in practice abuse.This paper argues that part of the" situation explanation " should be retained,and its application to improve,specific recommendations include: First,the construction of "situation explanation" unified rules of the letter,so that it can be supervised by the formal basis.Second,from the strengthening of the procuratorial organs to supervise the functions,improve the investigators to testify in court system,and gradually regulate the situation explanation" three aspects of the establishment of " situation explanation"normative mechanism,so as to strengthen the " situation explanation" the effective use.