A Study Of On-site Survey And Inspection Records In Cases

The survey and inspection record is one of the types of evidence stipulated in China's criminal procedure law.Although it is an independent type of evidence,there is a large controversy in the theoretical field about the attributes and the status of the evidence.The judicial practice departments have many problems with the practice of survey and inspection records.The main manifestations are that the rules for the producer about the production of survey and inspection records are not clear,the unreasonable use of the records and the contradictions and even errors in the production of the records lead to the exclusion of illegal evidence or even unfairness and misjudgment.The survey and inspection records have become a controversial type of evidence criticized by the law practice department.This article is divided into five parts,the main contents are as follows:The first part is the introduction of this article.From the background of this topic,this part mainly introduces the objective situation and related problems of this type of evidence in the judicial procedure,elaborates the theoretical significance and practical value of this research.It also briefly introduces the current research situation of survey and inspection records at home and abroad,and explains the main research methods in this paper.The second part is an overview of this article.This part explains the basic concepts of the survey and inspection record and the redefinition of the producer about the production of the record.It also elaborates the characteristics and functions of the survey and inspection record comprehensively and introduces the historical origins of survey and inspection records in the end.The third part is about the evidence status and attributes of survey and inspection records.In this section,the theoretical conflicts about the survey and inspection record as an independent type of evidence are introduced first,and some basic viewpoints of other researchers are explained and analyzed.At the same time,survey and inspection records are compared and analyzed with other types of evidence from the perspective of the evidence law.The basic opinions of this article are clarified in the last part.The survey and inspection records are effectively distinguished.There are two basic ways.The first is to completely classify survey and inspection records into the category of documentary evidence,and to abolish the status of independent evidence.The second is to retain its status as independent evidence.In order to conform to the nature of the evidence of the records better,it should be expressed as "the record of investigative acts".The fourth part is about some current problems in the survey and inspection record.Focusing on judicial practice,the current deep-seated reasons that profoundly affect the quality and legitimacy of survey and inspection records are analyzed from theseperspectives: the deviation in the use of survey and inspection records,the ambiguity of the legal nature of the producer of the record production,the imperfections in the legal framework about the witness in the survey and inspection record and avoidance system,the flaws of the records during the judicial practice,the blurred boundaries and the expansion of illegal evidence exclusion and other negative situations.The fifth part concludes some supplementary suggestions for the survey and inspection record evidence.This part mainly puts forward corresponding suggestions for the fourth part,including retrieving the essential functions of survey and inspection records,improving the approval authority of the records,further clarifying the using range of the survey and inspection record.From the perspective of the witness system and the avoidance system,some specific methods can be put forward to solve the problems existing in the operation of the survey and inspection record in the aspects of setting up professional witnesses,giving the right of presence to the litigant,and supplementing the appearance system of the record producer.Through this research,the author believes that,compared with other evidence,the survey and inspection record has the comprehensiveness and uniqueness of the proving effect.It has different certification objects and application methods from other forms of evidence,and we should retain its independent evidence status.However,under the current judicial system,it is possible to modify and improve the system of survey and inspection records.Specifically,the current criminal procedure law should be further modified to clarify the legal status of the producer of the survey and inspection record.The system of recording witnesses and avoidance of related personnel should be continuously improved.The professional witness and the record producer appearance system should be moderately subjoined as well.All the suggestions mean to give full play to the evidence role of the survey and inspection record.