Exploring the Application Path of Simplified Proof Mode for Massive Evidence in Information Network Crime Cases
In the face of the"massive"evidence of information network crimes,Article 20 of the"Opinions on Several Issues Concerning the Application of Criminal Procedures in the Handling of Information Network Crime Cases"designs a new simplified proof mode based on previous beneficial explorations.In practice,there is often a lack of necessary argumentation and reasoning,which can easily lead to questioning of legitimacy.It should be clarified that the new simplified proof mode is not sampling evidence,and it does not lower the proof standards or transfer the burden of proof.The application of simplified proof mode should adhere to a scientific path and approach.Firstly,adhere to the principle of last place application,which must simultaneously meet the premise of a particularly large amount of evidence,objective difficulties in proving,and homogeneity of massive evidence.Secondly,clarify scientific evidence collection methods,and sample selection should meet the requirements of sufficiency,representativeness,and randomness simultaneously.Thirdly,pay attention to the legitimacy of the evidence collection procedure,establish and improve the approval and supervision procedures,improve the witness and trace system,and attach importance to the work of explanation and argumentation.Fourthly,highlight the protection of the rights of the defense,while fully protecting the defendants'right to refute,and strengthening the review obligations of the procuratorial and judicial organs.
万方数据
维普
