侦查实验笔录简论

侦查实验是指侦查人员在刑事诉讼过程中按照科学的原则和方法，在模拟案件原有条件基础上所设计、实施的．旨在查明与案件有关的事实的存在、发生的可能性或其状态、过程的法科学活动。侦查实验笔录是侦查实验过程及结论的载体．是侦查人员按照法定格式制作的，用于描述和证明实验过程中发生的具有法律意义的事实状况的书面记录。在证据法学视野内...

The Evidentiary Effects of the Record of Investigative Experhnent

Investigative experiment refers to legal scientific activity in which criminal investigators simulate the original condition of the case in accordance with scientific principles and methods in order to identify the pos- sibility of existence or change of the facts relevant to the case. Investigative experiment record is the carrier of the process and the result of investigative experiment, which is made in accordance with the legal format by investiga- tors to describe and demonstrate the facts occurring during the experiment. Judicial practice and legal academic urgently need deep research on the evidence competency and proof strength of Investigative experiment records. Abstractly speaking, An investigative experiment record with evidence attributes of objectivity, relevance and va- lidity has the value to prove the facts of a case, so it has evidence competency. The Investigative experiment record and its contents are not directly derived from the facts of the case. This is the essential distinction from other types of evidence. This property determines the probability of its proof characteristics. The judgment on the proof strength of investigative experiment record is a fact judgment problem rather than a legal judgment problem, so it should be combined with a specific case to undertake concrete analysis.