Proof Risk and Institutional Prevention of Specialized Evidence in Criminal Procedure

Specialized evidence plays an increasingly important role in criminal proceedings, and the investigation, prosecution, and trial of a large number of criminal cases cannot be separated from the support of specialized evidence. However, the use of specialized evidence also brings risks to the traditional judicial proof system, such as the generalization of specialized evidence, deviation from legal issues, and improper upgrading of evidentiary power, leading to the fragmentation of judicial power. The formation of this type of proof risk is not only related to the object and content of the proof, but also due to the incomplete legal system. In order to maintain the institutional function of criminal proceedings and ensure the integrity of judicial power, it is necessary to systematically reconstruct China’s specialized evidence system from the aspects of institutional construction, procedural protection, and element optimization, so as to control the risk of proof of specialized evidence within a certain limit and maximize the assistance to the smooth progress of criminal proceedings.