On The Authentication Rules Of Real Evidence In Criminal Procedure Of China

Authentication rules of real evidence are important rules in the field of criminal evidence law,which requires the supplier of real evidence to prove that the evidence provided is the evidence he claims to be.The rules examine the capacity of real evidence so as to ensure the authenticity and identity of real evidence.In 2010,the Supreme People’s Court,together with the other four departments,promulgated the provisions on handling certain issues concerning the examination and judgment of evidence in death penalty cases.The provisions put forward higher requirements for the examination of real evidence,and the requirements of authentication are included.The interpretation of the Supreme People’s Court on the application of the Criminal procedure Law of the People’s Republic of China,as amended in 2012,basically absorbed the contents of the above-mentioned evidence provisions on the authentication of real evidence.The framework of authentication rules of real evidence in China has been basically established.After the above-mentioned evidence provisions and judicial interpretation were promulgated,the authentication rules of real evidence have not been carried out satisfactorily in judicial practice,which highlights many problems.The authentication rules of real evidence are merely formal in the trial.The defence opinions put forward by the defender on the basis of the authenticity and identity of the real evidence are not effective.The judges have excessive discretion on authentication.The problems above have serious impacts on the actual effect of authentication.There are many reasons for the problems,such as the rules themselves,the execution in the trial,and the litigation idea.In the future,we should integrate the authentication rules of real evidence into a complete system of evidence rules,perfect the rules and regulations in the legislation,and increase the provisions of procedural protection.In the process of authentication,the proof of chain of evidence custody of real evidence is refined,and the role of the principle of direct words in the identification of real evidence is brought into play,so that authentication rules of real evidence can really play an independent role in the criminal proceedings in our country.