Improve The Chinese Evidence System

Evidence system, soul of the lawsuit institution, is an important section of construct the legal system, also a necessity to realize the judicial justice. In fact, the process of lawsuit is the process to find, collect, exam, judge and apply of evidence. A series of judicial activities whose core is evidence decide the use of special Acts and the outcome of the judgment. However, the level of Chinese evidence system in legislation and the academic level of evidence study are not matched with its significant situation in the rule of law. Now, more and more scholars and judicial workers have concentrated on improving Chinese evidence system. And a lot of works has been done effectively. The dissertation expounds the importance of evidence system both in theory and practice and the actuality of evidence system in China. The study shows that, changing the traditional evidential philosophy and transplanting the advanced evidence rules from the Anglo-American is a ideal way and shortcut to improve our evidence system. This dissertation is divided into four parts: the first part deals with the concept of evidence system and the significance of improving our evidence system. The second part sketches the traditional evidential history of China and the evidential system of some western countries, puts forward the feasibility to take reference. The third part suggests the way to improve our evidence system. The last part offers some concrete strategies to improve our evidence system.