Research objects and related issues of criminal evidence science
1. Evidence issues are the core issues in all types of litigation, as well as in arbitration, mediation, disciplinary inspection and supervision, etc. Central Issues in Reward and Punishment.
2. Evidence is the soul of litigation and the guarantee of judicial fairness.
3. Evidence science: Litigation evidence science, also known as evidence law, is a specialized discipline that studies various litigation evidence bits.
4. Criminal evidence science is a discipline that takes evidence in criminal proceedings as its research object.
The research content mainly includes the following aspects:
(1) The provisions of my country’s current criminal procedure law on the evidence system
(2) Criminal procedure practice Practical experience in the use of evidence in criminal evidence
(3) History of the implementation of criminal evidence systems
(4) Criminal evidence systems in various countries today
(5) Various types of evidence systems Analysis of criminal evidence and evidence system
(6) Criminal evidence system
(7) Criminal evidence system
(8) Criminal evidence in the criminal justice system system. (5) Analyze various theories of criminal evidence
5. The relationship between criminal evidence and adjacent disciplines: criminal procedure law, criminal law, criminal investigation, and forensic science
6 , For the research on criminal evidence, we must effectively implement the principle of seeking truth from facts.
7. Research methods of criminal evidence
(1) Be proficient in legal norms and clarify the basic principles (2) Integrate theory with practice and work harder on explaining doubts and solving problems
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(3) Read a lot of books, learn from and compare (4) Seize the key points and take into account other concepts, characteristics and basic attributes of evidence in Chapter 1 Criminal Procedure Law
1. Evidence: that is, proof according to. The basis for proof.
2. Litigation evidence: It is a unity of legal forms that can prove the known facts and manifestations of the case disputes.
3. Criminal litigation evidence: During the criminal proceedings, it is provided by the public security and judicial organs in accordance with the law, or by defense lawyers, private prosecutors, etc., to prove whether the crime has occurred and whether the criminal suspect has committed the crime. , whether the defendant is guilty, and all the facts related to the execution of the case.
The core of this definition mainly emphasizes the following points:
First, the evidence in criminal proceedings must be objective facts.
The second is to collect and present criminal prosecution evidence in accordance with the law.
Third, criminal litigation evidence should be a unity of factual content and presentation.
4. Characteristics of criminal litigation evidence: restricted by practice, restricted by conditions, and restricted by law
5. Practice is the ultimate criterion for testing the authenticity of evidence.
6. Basic attributes of criminal litigation evidence: objectivity, relevance, legality
7. Objectivity of criminal litigation evidence: Criminal litigation evidence must be objective facts. On the contrary, any imagination, speculation, analysis, estimation, inference, sleep talking, divination, and hearsay from unknown sources and other facts that do not exist objectively cannot be used as evidence in criminal proceedings.
8. Objectivity is the primary attribute and most essential characteristic of evidence in criminal proceedings.
9. How to correctly understand the objectivity of evidence
(1) All litigation evidence are physical objects, traces and reflections that appear as the case progresses. These physical objects, traces and reflected phenomena all exist objectively and do not depend on the subjective consciousness of the parties involved.
(2) Any litigation evidence is an objective fact that is not subject to the subjective consciousness of the investigators. Case investigators are not allowed to replace these objective facts with subjective assumptions, nor are they allowed to change or replace the evidence collected at will.
10. Correctly understand the significance of objectivity of evidence:
(1) The objectivity of evidence in criminal proceedings is relative to the subjective consciousness of the investigators.
(2) All verbal evidence is the witness’s reflection of the objective facts and phenomena of the case.
11. Relevance of criminal litigation evidence: Criminal litigation evidence must be related to the disputed case in order to play its role in proving facts. On the contrary, other facts and materials that are irrelevant to the case cannot be used as evidence in litigation.
12. How to correctly understand the relevance of evidence
(1) All evidence used to prove disputed facts in litigation must have an objective connection with the case.
(2) To prove that the defendant is guilty, there must be an inherent and inevitable connection with the facts of the criminal case.
13. Legality of criminal litigation evidence: Criminal litigation evidence must be facts collected by judicial organs or parties, defendants, etc. in accordance with legal procedures. On the contrary, materials collected through illegal means, even if they are objective facts, cannot become effective evidence in criminal proceedings due to illegal evidence collection methods.
14. Legality is an essential attribute of criminal litigation evidence, and it is also the most significant sign that criminal litigation evidence is different from general evidence.
15. Why should criminal prosecution evidence be legal? (Reason)
(1) Theoretical basis (2) Legal basis (3) Factual basis
16. Three basic attributes of criminal litigation evidence: objectivity and relevance The relationship is
the basic attribute of criminal litigation evidence, and it is the external and legal condition of the objective facts that ensures the legality of criminal litigation evidence.
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