The Discussion Of The Principle Of Evidentiary Adjudication

The principle of evidentiary adjudication,which is also called "conviction on evidence",is now a basic principle of evidence law generally recognized by most countries.From the primary meaning of the principle of evidentiary adjudication,it means in the procedure of lawsuit, the fact must be found based on evidence,which is the only means.No fact should be found without evidence,let alone to be judged as crime. However,because of the differences in the historical tradition,cultural background,ethical and moral conceptions,geographical environment of different countries,the litigation ideals pursued by these countries are not the same.Thus the cognition to the connotation of the principle of evidentiary adjudication is also not entirely same among different countries and regions.Even in the same country or same region,different periods have different comprehensions and requirements on what are evidence and the relationship between evidence and fact of the case as well as judgment. Consequently,there formed systems of evidence judgment with different contents.Especially,long with the development of science and technology and the improvement of the recognition level of mankind,people continuously get new comprehension of the principle of evidentiary adjudication,and raise new requirement.The basal outline of this dissertation is:to analyze and explain the basic meaning,value goal of the modern principle of evidentiary adjudication,combining correlative theory and legislation of the principle of evidentiary adjudication at all times and in all lands.Meanwhile,in order to build and consummate the active principle of evidentiary adjudication of our country,the author discussed some correlative system base on the connotation and extension of the element of the modern principle of evidence judgment.Concretely,this paper is divided into seven chapters:Chapterâ… "General overview of principle of evidentiary adjudication". The author mainly talked about the meaning,signification and value goal of the principle of evidentiary adjudication,the purpose of which is to analyze and explain why the principle of evidentiary adjudication can become the widely accepted basic principle in the activity of lawsuit in all moderb States.Chapterâ…¡"The historical evolvement of evidence evidentiary adjudication".The history is divided into three sections,namely,(1) The period when judging without evidence or with unscientific evidence, namely,divinity evidence system period;(2) The period when judged with evidence,but the evidence was recognized irrationally or the evidence's force of proving was prescribed mechanically,namely,statutory evidence system period;(3) The period when judged rationally with scientific evidence,namely,free prove system period.In this process,the author attempt to minutely analyze the judgment system's origins,form, characteristic and development in different periods,in order to demonstrate that the origination and development of any system of judgment adapt to the level of social development and the recognition level of man of the time.Chapterâ…¢"Evidence under principle of evidentiary adjudication". This chapter primary expounds the necessary character and function of evidence in modern principle of evidentiary adjudication from a static perspective.The essential meaning of the principle of evidentiary adjudication is the factual and final judgments must be decided on the evidence.All imagination,guesses,fancy,deduce without foundation and so on whatsoever can not be the basis of judgment.Briefly,evidence is the basic foundation of judgment.Therefore,what is the evidence is the first task we should discuss.According to the general understanding,"evidence is the fact or material which can prove the credibility of something." Whether the truth can be proved relates with the recognition level of man directly.When people believe the boiled water can test whether a man is telling a lie or not,for example if he or she is scalded by the boiled water, he or she is telling a lie,or the other way round.Then the result itself that whether this person is scalded after dipping in boiled water becomes the evidence.However,along with the development of the science and technology and the enhancement of human knowledge,the fact and material which was regarded as can testify something truth actually doesn't have such function,so it was eliminated out of the extension of evidence. From the historical perspective,evidence judgment is the production of denying the divinity judgment,and is formed as a principle of evidence law with the rising of the rationalism in modern times.So the evidence discussed under the principle of evidentiary adjudication in this dissertation is the recognition and accepted notation of evidence of modern people. Which worth noting is,about the legality of evidence under this chapter, the author introduced and analyzed the cases and academic achievement concerning illegal evidence exclusion in Japan,hoping it will be useful to the enactment and improvement of regulation of illegal evidence exclusion in China.Chapterâ…£"Proves under principle of evidence judgment".This chapter explains the process of how to find fact with evidence in a dynamic perspective.It is safe to say that the principle of evidentiary adjudication cannot be realized effectively without a rationally constructed operational mechanism.Namely,how to set the mechanism of examining and estimating evidence,which is of final significance to the function of the principle of evidentiary adjudication,and how to determine the subject, object,criterion and burden of proof which is directly connected with the rationally constructed mechanism of examinational and estimating evidence.The criterion of proof is one of the problems that disputed a lot in theory and practice,to which the author paid more attention to.In the author's opinion,first,the standard of proof is subjective,not objective or a combination of both.Second,there is no essential difference among the standard of proof of "excluding reasonable doubt" in Common Law system, the standard of "moral certainty" in Civil Law system and the standard of "the fact of case clear,the testimony undoubted and sufficient" in our country.They have differences only in idiom of language expression and thinking custom.Therefore,what we need to emphasize is not the specific expression,but the evidence rules of evidence judgment which are actually formulate.Chapterâ…¤"Claims of evidence investigation".Hearing a case is in the form of quoting,Cross-examination and authenticating under evidence judgment system.But the claim of evidence investigation is an important litigious right for parties to raise the evidence adequately,thereby to ensure their legal rights and interests.Although,there are procedure law and laws and judicial interpretations on this right in our country,as a complete unit, there are many legal loopholes and shortcomings of legal norm,especially lacking a system of holistic.So that our country must carry out the judicial reform and do some supplementary and improvement,especially we can boldly use the foreign experience of legislation in criminal procedure.In this chapter,the author focuses on the precedent and relative codices of Germany,Japan,etc,to benefit the relevant legislation reform in China.Chapterâ…¥"Relative principle research of the principle of evidentiary adjudication".This chapter further clarifies the core and basement of the modern principle evidence judgment in the procedure through resolving the relationship among the principle of the presumption of innocence and Directness and Verbalism free evaluation of evidence,etc,in order to effectively comprehend the function of the principle of evidentiary adjudication.Chapterâ…¦"The defect and complement of the principle of evidentiary adjudication in our country".The dissertation at the beginning analyzes the situation of the application of principle of evidence judgment in our country,base on which the author gives constructive advices to the setting and complement of the principle of evidentiary adjudication in litigation system of our country.The paper indicates:for the purpose of constructing and completing the principle of evidentiary adjudication in a modern sense,we need not only to complete the doctrine of evidence judgment itself but also to form a completely set lawsuit doctrines.