论瑕疵证据的补正方法 -以中国某县检察院为样本的分析

On the Remedy Methods of the Flawed Evidence

In China, there are two criminal evidence law enacted in 2010, evidence obtained illegally is distinguished from those flawed evidence. Accordingly, exclusionary rules which are remedial were established to all the flawed evidence and some of the evidence obtained illegally. Flawed Evidence is the evidence with technical flaws coming from investigator's behaviors when making the evidence notes, which is different from evidence obtained illegally. The judicial explanation explicitly proscribes the scope of the flawed evidence, as well as its remedial process, standard, and relative legal effects. There are some methods of remedy the flawed evidence in the judicial practice of China.