Investigation Experiment Record Research

Investigation experiment,as one of the important means of investigation in criminal cases,is carried out by judicial organs(investigation organs)to restore the scene of a crime under similar conditions as when the crime was committed,so as to find out some facts or verify whether certain specific circumstances can happen.For some cases,the existence of investigation experiment plays a very important role in solving cases and finding out the facts.The record of the investigation experiment is the record of the objective situation of the investigation experiment and the record of the results of the investigation experiment.At present,the regulations on the record of the investigation experiment are not detailed,which directly affects the evidential ability and proving power of the record of the investigation experiment.Clarify in the criminal procedure law of PRC about the provisions of the investigative experiment record guarantees one of investigative experiment record as legal evidence from several aspects of evidence ability and strength,can better exert the value of evidence,it not only helps to improve the work efficiency and quality of work of judicial organs,also helps to promote the rule of law in an all-round way.It is the objective need to carry out the doctrine of trial center.China’s Criminal Procedure Law stipulates the legal evidence in criminal cases according to the way of enumeration,and recorded evidence includes inquest,inspection,identification,investigation experiment and other records.However,there are omissions in the application and exclusion rules of specific evidence related to the investigation experiment records.The Supreme People’s Procuratorate,the people’s procuratorate criminal procedure rules and shall be formulated by the Ministry of Public Security of the public security organ for criminal case program regulations provisions as though the investigation in experimental record has made the further refinement rules,but there are a lot of repetitive regulation,of investigative experiment,and the record how to produce,which is the eligibility to participate in the main body,investigation and experiment the record of the illegal evidence exclusion,defect correction problems such as oversight,on the one hand gives investigators too large operating space,for investigative experiment record buried hidden trouble in the trial cross-examination,damage investigation personnel enthusiasm,affect the case broke,even damage the judicial credibility.Referring to the on-the-spot inspection records,the paper compares the similarities and differences between them and the investigation experiment records,and analyzes the problems existing in the implementation of the investigation experiment through the analysis of the judgment documents in the judicial document network.The following six aspects can have a certain influence on the evidential ability and proving power of the investigative experimental records: 1.The main body of investigation experiment is single;2.Lack of standardization in the production of investigative experiment records;3.The exclusion procedure of investigative experiment records is not clear;4.Simplifying the procedure of investigation experiment records;5.Lack of investigation experiment record review and supervision;6.The non-standard implementation procedure of investigative experiment record restricts the evidence ability of investigative experiment record.To guarantee the evidential value of investigative experimental records,we should start from many aspects,including the legislative level: 1.Standardize the recording rules of investigative experiment records.The premise that there is a law to be followed is that there is a law to be followed.It is the most critical factor to ensure the evidence ability of the recorded investigation experiment in the trial to avoid the "arbitrary" record of the investigators in the process of conducting the investigation experiment,and to standardize the recording method,recording content and recording personnel of the recorded record.2.Improve internal and external supervision mechanisms.To safeguard judicial justice self-discipline in any age is not a wise way to rely on investigators of the consciousness of safeguarding judicial justice,easy cause paranoia,boundary,also causes the outside world,and the idea is unrealistic,for investigative experiment record the probative value of security needs by establishing relevant supervision system,as the parties involved,sound recording or video recording,procuratorial organs involved in supervision in advance.3.Strengthen law-abiding awareness and procedural awareness.In practice,improving the law-abiding awareness of investigators,changing the previous concept of emphasizing entity over procedure,and thoroughly implementing General Secretary Xi’s speech are the keys to make the people deeply feel fairness and justice,and avoiding useless efforts.