Research On The Rules Of Correcting Criminal Defective Evidence

The correction of criminal defective evidence can not only meet the requirements of litigation economic principles,but also be the inevitable requirement of realizing substantive justice and procedural justice.Promulgated in2010 on the provisions of criminal cases exclude illegal evidence and the death penalty case review judgment evidence of regulations(hereinafter referred to as the two evidence regulations),for the first time from the legislative level established the status of defective evidence,specify the part of evidence defects after correction or reasonable explanation way to repair,can become the basis of finalized.Both theory and practice show that the transformation of flawed evidence is of positive value to overcoming the disadvantages of limited evidence resources and discovering the authenticity of cases.However,after more than ten years of development in China,the flawed evidence transformation system can still not overcome the inherent defects,and the operation of the system is blocked in the judicial practice.For criminal flaw evidence correction scope,correction standard broad and the applicable problems,this paper combines the present situation of the criminal flaw evidence correction rules and relevant national system,on the basis of the perspective of promoting related legislation and perfect supporting measures,the criminal defect evidence correction rules operation program put forward the perfect,aims to make the criminal flaw evidence correction rules better use.