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

The purpose of the rules on authentication of real evidence in criminal procedure is to confirm the identity between the evidence claimed and the evidence presented in the court trial through the proof of the source and custody chain of the real evidence,so as to verify the authenticity of the carrier of the real evidence,prevent the real evidence without the capacity of evidence from entering the court trial,and even become the basis for deciding cases.China has established the rules of authentication of evidence in kind through judicial interpretation,but the relevant theories are still lack of systematized discussion.Through the comparison and analysis of the rules of authentication between China and the United States,it can be found that there are still the following problems in the rules of authentication of real evidence in criminal procedure in China : the rules of authentication are not clearly put forward in the legislation,especially in the rules of evidence constructed according to the types of evidence,and the authentication rules are not systematized;the authentication procedures are included in the court trial procedures,and are not separated from the procedures and subjects in the examination of the force of proof;the prosecution has a weak awareness of active authentication,and is suspected of transferring the burden of proof;the authentication standards are absent;the existing authentication methods themselves and their applicable methods are limited,and the authentication rules are rich in evidence collection norms and deficient in the custody system;the legal consequences of the inability to authenticate the authenticity are excessively compulsory and the exclusion effect is weak,and the authentication rules are ineffective.The main cause of the above problems lies in the integration of the mode of evidence review and the investigation centralism.The problems existing in the rules on authentication of real evidence in criminal procedure in our country can be improved by the following methods: by changing the framework for examination of criminal evidence,establish explicit and independent rules on authentication of real evidence;by relying on the pre-trial conference procedures,establish pre-trial authentication procedures,and achieve the relative separation between the subject of authentication and the subject of facts;establish the principle of untruthful presumption,and implement the burden of proof in authentication of real evidence;set the standard of proof for high possibility for authentication;implement the principle of direct speech,improve the situation of investigators and case handlers giving testimony less in court,and improve the chain system of custody of physical evidence;and regulate the discretionary power of judges by strictly defining the scope of application of absolute exclusion consequences,and clarifying the standards for correction and supplementation of the rule of exclusion.