Study On The Order Of Evidence Investigation Under Trial Substantiation

The criminal court trial,as an important stage of criminal proceedings,reflects the authority of the law.Criminal matter evidence investigation,as an important step in reviewing the evidence of the case,is the top priority of the criminal court trial.There has been a lot of research on the evidence investigation process,but the order of evidence investigation is less specifically discussed.Research on the order of evidence investigation in China has been found that the order of investigation is disorderly,the standard is not uniform more common.As the concept and connotation of evidence investigation is broader,the order of evidence investigation varies from case to case and procedure to procedure.After the reform of the court’s substantive trial,the original order of evidence investigation is not adaptable more obvious,the need to make a connotation limited according to the content of the reform.From the reform needs of the evidence investigation order to explain.Applicable procedures,the order of evidence investigation is applicable to the first trial and the second trial proceedings in session.The relationship with the trial substantiation reform,the order of adjustment and change is an inherent requirement of the trial substantiation.In relation to the facts of the criminal case,the order of evidence investigation is also critical to the construction of the facts of the case.From the perspective of the value of the order of evidence investigation,a clear order of investigation can promote the construction of the facts of the case,to ensure that procedural justice is achieved and improve the efficiency of litigation in criminal cases.However,China’s current order of investigation of evidence both from the legal provisions and practical application are inadequate.The lack of logic and relevance of the setting of the order of investigation,the prosecution,defense and trial due to their different positions can not agree on the order of evidence investigation,the prosecution of criminal litigation can not make the trial really form a confrontational situation between the prosecution and defense,too much emphasis on the objectivity of the order of evidence investigation and lead to the lack of subjectivity and integrity of the seal,these are the formation of obstacles to the trial evidence investigation.Examining the reform needs of the trial substantiation,the order of evidence investigation has become inevitable.The number of evidence in criminal cases is huge,the content of the complex situation has not changed for a long time,the reform advocates the identification of the facts of the case and proof of evidence should be returned to the court,the prosecution and defense should participate in the substantive criminal proceedings,the rate of appearance of key witnesses needs to be further improved and a series of requirements,all of which make the adjustment of the order of trial evidence investigation becomes a must.Combining the shortcomings of the current order of evidence investigation itself and the needs of trial substantiation reform,the order of evidence investigation can be considered for adjustment from three aspects.From the purpose of setting the procedure,the order of evidence investigation is set to facilitate the determination of facts in criminal cases.Due to the shortcomings of the corroboration model,consider drawing on the best explanatory reasoning and corroboration proof in common law to complement each other,not a clear grouping of evidence,but from the construction of the hypothesis of the facts of the case to form the order of evidence investigation;defense substantive participation in the criminal trial for confrontation,in accordance with the provisions of the law,the full autonomy of the prosecution and defense in the negotiation of the order of evidence investigation,only when the prosecution and defense failed to negotiate,the judge The basic concept of the order of evidence investigation should not be limited to the mechanical framework of evidence grouping,but more attention to the logic of the evidence and the reality of relevance,so that the order of evidence investigation in order to clarify the complexity,logic and coherence for the purpose of determining.After proposing the perfect way of the order of evidence investigation in court,the construction of the facts of criminal cases and the reform of the substantiation of the court trial are promoted to move forward.