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On the Functions of Documentary Transcript

In a way of 'unfinished listing', the Criminal Procedure Law revised in 2012 stipulates a new kind of evidence; documentary transcript. Documentary transcript is a type of written records through which the process of collecting evidence is presented, and it is also a basic method for fixing and preservation of the evidence. On one hand, we should recognize its auxiliary function which can demonstrate legality of evidence collection and credibility or relevance of a certain evidence. As for testimonial evidence, on the other hand, we need to be aware that documentary transcript has the material function to establish the facts of crime at issue, that's because records of the evidence and evidence per se are merged into one. Once documentary transcript has some defects, the legality of collecting evidence will be questioned, also credibility or relevance of the evidence itself will be influenced. A flaw of evidence may cause a remedy for it, different defects of documentary transcript will to different remedies. To realize its function of proof entirely and definitely, it will depend on some restrictions on its admissibility and its weight, also it's necessary to increase guaranteeing measures of due process in collecting evidence.