In civil litigation, the judgment of the facts of a case is mainly based
on the completeness and authenticity of the evidence chain. Therefore, the
issue of the ability and power of proof of evidence is the highlight of the civil
litigation. Defective evidence refers to evidence that lacks the ability to prove
and the power of proof due to defects in the means of obtaining evidence and
the form of evidence. At present, my country's standard for flawed evidence
is not perfect, and most theoretical research is also limited to discussing the
boundary between it and illegal evidence. This article is to conduct research in
this context, clarify the basic concepts of flawed evidence, study the similarities
and differences between flawed evidence and illegal evidence, and put forward
suggestions for improvement.