Research on the Application of Criminal Evidence

Author: Du Shixiang
Publisher:
Publish Date: 2004-01-20
Features: The application of criminal evidence must be grounded in judicial practice, balancing efficiency and justice, facilitating the full exercise of functions by the prosecution, defense, and court, and adhering to the unity of subjective and objective aspects. The application of criminal evidence should shift from pre-trial, post-trial, and extrajudicial stages to the trial itself; from evidence that directly or indirectly proves case facts to peripheral evidence that supports the case; from subjective evidence to objective evidence; from traditional experiential approaches to rational thinking; from traditional methods to technological means; from macro perspectives to micro perspectives; and from phased approaches to multidimensional approaches. It is essential to change the notion of centering on the defendant's confession and reduce the use of evidence in retrials. The application of criminal evidence follows different principles and standards in investigation, prosecution, trial, and defense, each with distinct characteristics and content. The application of criminal evidence must be grounded in judicial practice, balancing efficiency and justice, facilitating the full exercise of functions by the prosecution, defense, and court, and adhering to the unity of subjective and objective aspects. The application of criminal evidence should shift from pre-trial, post-trial, and extrajudicial stages to the trial itself; from evidence that directly or indirectly proves case facts to peripheral evidence that supports the case; from subjective evidence to objective evidence; from traditional experiential approaches to rational thinking; from traditional methods to technological means; from macro perspectives to micro perspectives; and from phased approaches to multidimensional approaches. It is essential to change the notion of centering on the defendant's confession and reduce the use of evidence in retrials. The application of criminal evidence follows different principles and standards in investigation, prosecution, trial, and defense, each with distinct characteristics and content.