行为证据论

The Theory of Behavioral Evidence

行为证据是依据涉案行为形成的能证明案件事实的材料。界说其概念,"行为"也能作证据载体。我国的视听资料、人证等可直接表现行为证据,物证、书证等可经行为分析表现行为证据。行为证据是相对环境证据而言的,其动静相互对应与依存,使环境物证与行为分析意见对立统一。在人证中,情态与言词伴生,成为行为证据的一部分,影响其证明力。它们有经验性,也需科学鉴识。行为证据的基本功用,在案侦中主要有犯罪心理画像、犯罪重建、并案侦查和证据体系的组织,在公诉中主要是对证据的整体认识和运用。我国行为证据法定,具有现实可能性。

Behavioral evidence is the material which can prove the fact of the case forming according to involved behavior. To define its concept, the behavior can be used as evidence carrier. In China, audio-visual materials and witness can be used as behavioral evidence. Besides, material evidence and documentary evidence which based on behavior anal- ysis can be also used as behavioral evidence. Compared with environmental evidence,dynamics and statics of behavioral evidence are mutual correspondence and dependence,which makes environmental evidence and behavior analysis opinions a unity of opposites. Of witness. The combination of modality and words becomes part of behavioral evidence and effects its probative force. They are empirical, but also need scientific identification. From the perspective of case investigation, the basic functions of behavioral evidence are the criminal profiling, crime reconstruction, investigation by combining cases and organization of evidence systems, while in public prosecution, the main function is the overall understanding and application of evidence. Behavioral evidence is legal with actual possibility in China.