Research On The Problem Of Defective Documentary Evidence In Criminal Proceeding

"Two Evidence Regulations" jointly issued by the Supreme People’s Court,Supreme People’s Procuratorate and three departments,for the first time,the concept of defective evidence is recognized from an official standpoint,and stipulated that such evidence can be remedied by correction or reasonable explanation.In the evidence system,physical evidence plays an important role.As important physical evidence,documentary evidence can often play a key role in the trial of a case.Therefore,it is reasonable and necessary to study the defective documentary evidence in the defective evidence.As far as defective documentary evidence is concerned,compared with legal documentary evidence,there are defects in the legitimacy of the evidence,and it is inappropriate to ignore the existing flaws or directly recognize its evidentiary ability;compared with illegal documentary evidence,there is no serious violation of the law.From the perspective of legislation,Chinese laws and relevant judicial interpretations have relatively broad provisions on defective documentary evidence,and it is difficult to solve the problems related to defective documentary evidence.Judging from the current theoretical research,our country’s academic circles lack targeted research on the defective documentary evidence in criminal procedure.In judicial practice,the problem of defective documentary evidence appears one after another,which increases the difficulty of the work of the majority of case-handling personnel.Therefore,it is worthy of in-depth research on the existing problems and improvement suggestions of the defective documentary evidence.Defective documentary evidence exists in large numbers in practice,which has a serious negative impact on judicial work.If the problems caused by the defective documentary evidence are not resolved,the situation that the judicial personnel’s work is difficult to carry out will exist for a long time.Starting from the concept of defective documentary evidence,this paper analyzes the legitimacy and positive significance of remediation.Then,based on the current situation of the defective documentary evidence,the existing problems are summarized from the aspects of legislation and practice.Through the study of relevant regulations in common law countries and civil law countries,it summarizes the methods of dealing with defective documentary evidence in other countries.Finally,in view of the problems existing in the current defective documentary evidence in our country,combined with the actual situation in our country,put forward solutions.