Research On The Rules Of Correction Of Criminal Flawed Evidence

Criminal flawed evidence is the evidence obtained by investigators’ slight violation of legal provisions during investigation and evidence collection,and is the compromise product of legislators after judging litigation value.The rate of occurrence of flawed evidence is high in judicial practice.Therefore,in order to regulate investigators’ evidence collection behavior and facilitate the prosecution of crimes,the rules of correction of flawed evidence came into being.Although the flawed evidence correction rule has its certain significance,the correction rule is controversial in both theoretical and practical circles,and there are problems in the concept definition,the legal provisions,and the judicial application.This paper analyzes the basic system of the correction rules of flawed evidence,and clarifies the problems of the correction rules in legislation and judicature.Among them,at the legislative level,the correction rules of flawed defective evidence lack applicable procedures;the scope of correction is vague;the correction standards are broad;and there is no sanction function.In judicial practice,there are some problems,such as the lag of investigators’ evidence concept,frequent nonstandard evidence collection,the limited role of defense lawyers in the correction procedure,the low rate of investigators appearing in court,the random use of "case description",the unclear interpretation of judgment documents and the lack of systematic argumentation.Through the analysis of similar systems in civil law system and common law system,it is found that the judgment of evidence attribute in foreign countries mostly pays attention to the discretion of judges,and some countries stipulate exceptions.Therefore,combined with the above problems and the reference to foreign countries’ systems,this paper holds that a complete set of rules should be constructed from legislation,mainly covering the correction procedure,correction scope,correction standard,sanction function,etc.,and provide supporting measures for perfecting the correction rules’ procedural mechanism.