The Study For Remedial Measures Of Evidence Of Defects

In 2010 Regulations of Reviewing Evidence for Death Penalty Cases,the “correction” and “reasonable explanation” of the evidence of defects were added into legislative norm and were firstly showed in public,which have been put into exercise for ten years.However,legal clerks still have some troubles on the investigate of the evidence of defects,because of its growing diversity and stricter censor from the court.Therefore,this paper analyses the remedial measures of the evidence of defects in practice and try to find some problems as well as give some suggestions.Firstly,the types of samples and practices are analyzed in the remedial measures of the evidence of defects.After the choose and filter,the distribution int he remedial measures of the evidence of defects are analyzed.From the study of theory and the view of practice,the categories in the remedial measures of the evidence of defects are analyzed.From the investigators’ perspective,the forming of evidence of defects is analyzed;the procuratorial organ’ censor is influenced by dual-role conflict so that the censor is not strict;there are some misunderstandings of the defending methods when the attorneys apply to eliminate evidence of defects;the judges casually use the remedial measures of evidence of defects.Then,the correction of remedial measures in criminal evidence of defects is analyzed.Correction is to recover the insubstantial defect in the discovery procedures,which can divide into amending clerical errors as well as supplement documents,obtaining evidence again and reinforce.The remedial process of amending the clerical errors and supplement document is concealment,so the procedure need be transparency;the start of obtain evidence again and the procedure of censors is not clear,so the relevant specific operation need be regulated;when the evidence of defects is remedied by reinforce and the main evidence points at different fact with reinforce evidence,these case facts need to be limited.Then,the rational interpretation of the remedial measure in criminal evidence of defects is analyzed.The remedial measure of rational interpretation presenting in practice is issuing presentation of condition,witnessing in court cases and getting the agreement of parties.The investigative organization has preference to issue presentation of condition,so the presentation of condition need to be distinguished in different situations;the low appearance of relevant personnel is not benefit for judges to wholly censor evidence of defects,so the appearance of relevant personnel need to be improve;recovering the usage of evidence of evidence of defects by getting the parties agreement is not beneficial for guarantee the due procedure,so the court should pay more attention to the authenticity and voluntary of the parties’ agreement.At last,the mutual corroboration of remedial measure in criminal evidence of defects is analyzed.The mutual corroboration of remedial measure exempt remedial measure from the investigative organization and is the additional process of court trail.The evidence of defects can be remedied for the mutual corroboration among evidences in the court,which limits its range of the application and makes the court impeachment superficial.The standard of evidence is also decreased.So the court should specified the process of proof.When the typical guide cases are published,the judge should strengthen the admissibility of evidence of defects and exclude the interpretation of law.