刑事瑕疵物证、书证问题研究
发布时间：2018-11-28 14:55
【摘要】：瑕疵物证、书证是在刑事侦查过程中经常出现的情形，其是由于现有法律规定不完善、侦查人员取证意识不高等多方原因造成的。然而，目前对于该实务问题理论界仍然缺乏相对系统的研究，在2010年已经颁布实施的《关于办理刑事案件排除非法证据若干问题的规定》、《关于办理死刑案件审查判断证据若干问题的规定》和2012年新修订的《中华人民共和国刑事诉讼法》对其规定也比较宽泛，，以至在具体司法实践中对瑕疵物证、书证相关操作问题仍处于混乱模糊状态，从而给司法从业人员和广大当事人带来诸多问题。针对司法实务界出现的现实问题，从理论上厘清瑕疵物证、书证的概念、表现形式及法律后果显得尤为重要；在此基础上，以实证分析的方法对国外瑕疵物证、书证的适用情形进行归纳评析，以此对比研究我国立法和司法实践中瑕疵物证、书证适用中存在的问题；进而从证据能力和证明力的角度对瑕疵物证、书证的证据评价详细论述，提出经验法则和正当程序理念在法官评判瑕疵物证、书证中的关键作用；最后对刑事瑕疵物证、书证的补救进行系统论述，并对其防范措施提出一些具有实际操作性的建议。
[Abstract]:Defective material evidence, documentary evidence is a common situation in the process of criminal investigation, which is caused by various reasons, such as imperfect existing laws and regulations, low awareness of collecting evidence among investigators and so on. However, at present, there is still a lack of systematic research in the theoretical circle of this practical issue. In 2010, the regulations on the exclusion of illegal evidence from handling criminal cases were promulgated and implemented. The provisions on the examination and judgment of evidence in death penalty cases and the newly revised Criminal procedure Law of the people's Republic of China in 2012 are also relatively broad, so that defective material evidence is applied in specific judicial practice. The operation problems of documentary evidence are still in a confused state, which brings many problems to the judicial practitioners and the majority of litigants. In view of the practical problems in judicial practice, it is particularly important to clarify the concepts, forms and legal consequences of defective physical evidence, documentary evidence and legal consequences. On this basis, the application of foreign defective material evidence and documentary evidence is summarized and evaluated by the method of empirical analysis, so as to compare and study the problems existing in the application of defective material evidence and documentary evidence in our country's legislation and judicial practice. Then from the point of view of evidence ability and proof power, the paper discusses in detail the evidence evaluation of defective material evidence and documentary evidence, and puts forward the key role of the rule of experience and due process concept in judge judgment of defective material evidence and documentary evidence. Finally, the author systematically discusses the remedy of criminal defective material evidence and documentary evidence, and puts forward some practical suggestions on its preventive measures.
【学位授予单位】：太原科技大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.23
本文编号：2363197
[Abstract]:Defective material evidence, documentary evidence is a common situation in the process of criminal investigation, which is caused by various reasons, such as imperfect existing laws and regulations, low awareness of collecting evidence among investigators and so on. However, at present, there is still a lack of systematic research in the theoretical circle of this practical issue. In 2010, the regulations on the exclusion of illegal evidence from handling criminal cases were promulgated and implemented. The provisions on the examination and judgment of evidence in death penalty cases and the newly revised Criminal procedure Law of the people's Republic of China in 2012 are also relatively broad, so that defective material evidence is applied in specific judicial practice. The operation problems of documentary evidence are still in a confused state, which brings many problems to the judicial practitioners and the majority of litigants. In view of the practical problems in judicial practice, it is particularly important to clarify the concepts, forms and legal consequences of defective physical evidence, documentary evidence and legal consequences. On this basis, the application of foreign defective material evidence and documentary evidence is summarized and evaluated by the method of empirical analysis, so as to compare and study the problems existing in the application of defective material evidence and documentary evidence in our country's legislation and judicial practice. Then from the point of view of evidence ability and proof power, the paper discusses in detail the evidence evaluation of defective material evidence and documentary evidence, and puts forward the key role of the rule of experience and due process concept in judge judgment of defective material evidence and documentary evidence. Finally, the author systematically discusses the remedy of criminal defective material evidence and documentary evidence, and puts forward some practical suggestions on its preventive measures.
【学位授予单位】：太原科技大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.23
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本文编号：2363197
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