A Study on Procedural Regulation of Chance Seizure of Evidence Obtained in Another Case
Separate case evidence obtained by chance seizure is characterized by passivity and serendipity in obtaining,de-lays in proving legality,and"randomness"of the object of proof,and will affect traditional seizure procedures in terms of criminal procedures,criminal evidence,and the rights(power)of litigants.Regarding the application of evidence in sepa-rate cases,in judicial practice,there are some problems such as heavy crackdown on crime,light on citizens'personal protection,irregular acquisition of evidence in separate cases,and lack of protection of the right to examine evidence.The root of this lies in the inadequate regulations of the current system regarding the legality of detention in separate cases,the procedural requirements for chance seizure,and the protection of the right to cross examine evidence.Thus,in view of the extraterritorial system,it is necessary to clarify the legality of evidence in other cases in terms of evidence acquisition chan-nels,proof of the legality of evidence,etc.,strengthen supervision and control of chance seizure from the perspective of victims and procuratorial authorities,and enhance the guarantee mechanism for examining evidence in another case by im-proving the mechanism for applying evidence in another case,clarifying the court status of investigators,and refining the examination standards for judges.
criminal seizurechance seizureevidence in another caseprocedural regulationsystem improvement