The inspection of reliability of criminal evidence sampling from three dimensions
As time evolves,massive evidence poses challenges to proof in litigations.To alleviate this predicament,the rules of evidence sampling have emerged.Since proof by sampling is still in its early stages of development,the application of evidence sampling lacks systematic theoretical guidance,and thus causes chaos in judicial practice.It is necessary to establish inspection rules on evidence sampling from the perspective of reliability.The reliability of evidence sampling can be inspected from three dimensions:the reliability of the prerequisites of the use of evidence sampling,the reliability of the sample collection process,and the reliability of the substance of the sampling.According to the reliability theory,it can be seen that the regulations and judicial practice regarding the use of evidence sampling expose the following problems:first,the three dimensions of the reliability of evidence sampling are not separated,and the sequence of inspections from the three dimensions are not clarified;second,the admissibility and probative value of such sampling have not been distinguished,and the inspection method is too vague.In the future,the rules can be improved from two perspectives:distinguishing the three dimensions of the reliability of evidence sampling;and establishing inspection rules for the reliability of evidence sampling based on the admissibility and probative value of such sampling.
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