Criminal Evidence Attribute And Application Of The Explanations For The Situation

Explanation for the Situation does not belong to any type of legal evidences in China,but nowadays it is widely used in judicial practice,and plays an important role in the investigation,prosecution and trial of cases.The paradox between its illegality and large applications in practice makes the explanation for the situation in an awkward position and it tends to be abused in recent years.Therefore,in studying the evidence issue,it is an essential work to carry out research on the explanations for the situation in criminal proceedings.This thesis,following the writing idea from practice to theory,offers an introduction of the present applications of explanations for the situation by means of field research.And the author analyzes the status of explanations for the situation identified by China's existing legal regulations,based on which proposals for perfecting the evidence legal laws and regulations of explanations for the situation will be put forward.This thesis is divided into four parts.The first part,from the viewpoint of the issue,by means of field investigation,mainly analyzes the disorder that explanation for the situation is regarded as "universal evidence","simple evidence",and "general evidence" in practice.Besides,the problems caused by this phenomenon will also be pointed out.The second part reveals the theoretical defects in legislation and evidence law,in view of the current attitude of hesitation and the practice of tacitly approval in China's legal norms and judicial interpretations.The third part,by using the theory of evidence law,primarily analyzes the evidence attribute of explanations for the situation and the types of evidence they belong to.Whether explanation for the situation holds or not three basic characteristics of the evidence should be analyzed depending on the situation.Among all different types of explanations for the situation in practice,most of them can be classified into different types of legal evidence according to their contents,forms and evidence characteristics.In the fourth part,according to the problems in the judicial practice of our country,the author puts forward some suggestions on the effective application of explanations for the situation.First of all,on the basis of classification,targeted review of explanations for the situation should be strengthened.Secondly,different exclusion rules for the explanations for the situation whose evidence ability leaves a question open will also be the presented in this thesis.