Research On The System Of Rules On The Chain Of Custody

Physical evidence "won't lie".In criminal proceedings,if the physical evidence is contaminated,damaged or even lost,the result of the entire criminal suit may be affected.In addition,it would be highly likely to cause the wrongful conviction.if the physical evidence had been falsified,replaced or even forged,it would not only be harmful to the ascertaining of the fact,but also seriously impair the legitimate rights and interests of the accused.Establishing a system of rules on the chain of custody can guarantee the credibility and the probative force of physical evidence,and also regulate the collecting,safekeeping and transferring of it.It is of great significance to realize justice an impartial trial and improve the efficiency of litigation.In this paper,besides introduction,conclusion,the text is divided into five parts to analyze and expound the system of rules on the chain of custody:The first part is an analysis of some basic concepts of the chain of custody.This part analyzes the requirement and content of the chain of custody,and the role of the establishment of the system of rules on the chain of custody by expounding the scope of physical evidence,the characteristics and the related concepts of the chain of custody.The second part presents the theoretical basis of the system of rules on the chain of custody,including relevance and admissibility theories of evidence,credibility and probative force theories and the requirement of constitutional right protection.The system of rules on the chain of custody can confirm the authenticity and identity of physical evidence to avoid the infringement of the property rights of the parties,and elaborates the significance of establishing the system of rules on the chain of custody.The third part is the research on comparative law of the chain of custody,which mainly introduces the relevant regulations of the continental law system countries represented by the United States,and the common law countries represented by Germany and Japan.And introduced the significance of the establishment of the system of rules on the chain of custody in China.The fourth part introduces the existing problems in the custody of physical evidence.It is mainly about some negative phenomenon in collecting evidence and the effect due to improper storage.The fifth part is the suggestion on the establishment of the system of rules on the chain of custody.The idea is to build a physical evidence storage unit,which is independent from the public security organs,prosecutorial organs and people's courts.Establishing a strict system of recording by legislation and circulation rules of physical evidence,determining the procedure of examination and judgment of the chain of custody.In cases where the defendant or the judgeraises question or doubt about the reliability of evidence,the person who has contact with such evidence must testify in court as a witness as to the circumstances of collecting,transferring and safekeeping of the evidence.