On Denfense Evidence

Reform of the judiciary on the basis of the main proceedings in order to make the proceedings factually substantive.In fact,the multi-party activities in the criminal procedure are the process of the game between the prosecution and the defense.The evidence is the core and foundation of the contest,and its contradictory movement promotes the progress of the litigation activities.Given the need to have a thorough and accurate knowledge of the case,defense,as an effective weapon to protect the suspect and the accused,must be of the same or even greater importance as the evidence on the prosecution.Their full application ensures positive defense and a trial by ensuring that a suspect,a defendant,has the same procedural status as a high-level agency,that their basic human dignity is respected and their rights are guaranteed.In practice,however,an endless series of procedures in which evidence is found and collected is not error-free.Both the court and the defense attorney encountered problems applying the evidence,resulting in defensive bias and defenses being unpunctual or inactive.In the case of a suspect or accused,the lack of evidence and the passive application of the defense affects him from the exercise of his effective defense,without the right to legal guarantees.The judicial process,a process that simultaneously consists of penalties and human rights guarantees,has become a farce.This contribution will therefore primarily aim to support the law-based judicial reform process through an analysis of the existing evidence and the further development of its method,and thus to strengthen the confrontation of the evidence in proceedings.Based on literature studies and comparable legal studies to examine the difficulty and application of obtaining up-to-date evidence for the defense,the standards of investigative disclosure,the verification of evidence for the collection of criminal evidence,and the examination of impunity related to law enforcement and litigation;Questions regarding the evidence in practice through the refinement of the relevant institutions and through the improvement of the professional quality of the defense promote the respect and trust of the public in the criminal justice system of our country.The following five components are essentially as follows:The first part is introductory.A searched for the causes of the use of the subject "evidence of defense" in this article and combed the relevant material,merging the meaning of the selected questions,taking into account the theoretical definition of evidence and the judicial application of evidence in criminal proceedings in my country.The second part defines the concept of defense.Conventional criminal law theory has not clearly defined a set of evidence,so a theoretical analysis of what a piece of evidence is will help in understanding and correctly applying the process.The third part is devoted to the examination of extraterritorial defense means.Through the access to evidence in the extraterritorial rule of law in developed countries with regard to defense,including primarily licensing and the system of legal evidence,it is thought about how one can learn in later systems in order to learn from mistakes.The forth part defends the applicability of evidence in ongoing criminal proceedings in my country.Problems and causes that arise with the use of evidence in the existing judicial systems are approached differently and the problem of inadequate use of evidence is solved from the source.The disclosure and collection of resources available for defense,as well as the lack of forensic forensics and the defense attorney’ s ability to use evidence;The judge has lacked neutrality in a verdict if the prosecution,as the main invitation to the evidence for defense,compiles the evidence and collects evidence that indicates criminalization of the evidence and ignores the evidence of the defense.These questions represent a misunderstanding of our country’ s philosophy and practice that undermines the protection of the rights of a suspect and accused and undermines the credibility of our judiciary.The fifth part is the conception of the follow-up improvement and development of our country’s defense evidence system.Put forward my own thinking and opinions on the application of defense evidence from the legislative,judicial organs and defenders,especially lawyers.First,improve the evidence in the criminal procedure legislation,especially the defense evidence system,expand the defense’ s scope of evidence collection and the power of evidence collection,and provide it with a relief system guarantee;establish a third-party evidence review mechanism to improve the evidence acceptance and evaluation mechanism.The second is to improve the ability of judicial organs to use defense evidence to ensure the comprehensive and equal application of evidence in the litigation process.Third,strengthening the professional skills training and professionalism of defense lawyers and improving the quality of defense are the defense evidence to play its original role in protecting the rights and interests of criminal suspects and defendants.