With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of...With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of the implementation of the new laws, the problems in view of the rules of the exclusion of the illegal evidences are also prominent, which are mainly reflected in the ambiguity of the scope of the application, the start of the program of the exclusion, and the formalization the trial certificates and other aspects. Therefore, in this article, the author starts from the concept of the illegal evidences, and expounds the principles of the exclusion and the abilities of the evidences, and especially explores the abilities of the evidences and the probative forces. From the differences between the two, the author strictly proves the virtualization of the standards, in order to provide the positive solutions for strengthening the exclusionary procedure of the illegal evidences.展开更多
Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also h...Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also have a lot of problems in the face of the definition of the meaning of the defective evidences, the correction application, and the degree restrictions. Behind this reflects the contradiction between the stress of the prosecution organs in the criminal detection and the deepening of the resisting mechanism in the court. And the litigation structure of the ＂division of responsibilities among three authorities＂ and the trial mode of ＂the centralism of the book records of the cases＂ exacerbated this opposition. On the basis of clarifying the origin and the meanings of the defective evidences, the author of this paper analyzes the essence and its harm of the rule. Through the reflections of the problems existing in the practice, the author further defines the two types of the ＂defects＂ that shall not be allowed to correct.展开更多
文摘With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of the implementation of the new laws, the problems in view of the rules of the exclusion of the illegal evidences are also prominent, which are mainly reflected in the ambiguity of the scope of the application, the start of the program of the exclusion, and the formalization the trial certificates and other aspects. Therefore, in this article, the author starts from the concept of the illegal evidences, and expounds the principles of the exclusion and the abilities of the evidences, and especially explores the abilities of the evidences and the probative forces. From the differences between the two, the author strictly proves the virtualization of the standards, in order to provide the positive solutions for strengthening the exclusionary procedure of the illegal evidences.
文摘Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also have a lot of problems in the face of the definition of the meaning of the defective evidences, the correction application, and the degree restrictions. Behind this reflects the contradiction between the stress of the prosecution organs in the criminal detection and the deepening of the resisting mechanism in the court. And the litigation structure of the ＂division of responsibilities among three authorities＂ and the trial mode of ＂the centralism of the book records of the cases＂ exacerbated this opposition. On the basis of clarifying the origin and the meanings of the defective evidences, the author of this paper analyzes the essence and its harm of the rule. Through the reflections of the problems existing in the practice, the author further defines the two types of the ＂defects＂ that shall not be allowed to correct.
