On The Rule Of Evidence Pre-judgments Prohibition

In Continental Legal System, the rule of evidence pre-judgments prohibition is a chief principal on restricting evidence inquisition procedure. According to the academic research conclusion from Taiwan, the rule of evidence pre-judgments prohibition means that judge should not determine evidentiary value on the basis of other evidences, and bypass further evidence inquisition procedure.In China, the first published article about evidence pre-judgments prohibition rule is the one entitled"Analysis of the rule of prejudice exclusion in Japanese criminal procedure"published on"Modern Law Science"in April 1996, whose author is Yi Modan. Since 2003, the rule has begun to attract scholars'attention. In recent years, the term of prejudice exclusion frequently shows up in criminal procedure academic discussion, and becomes the most important reason for many judicial reforms. However, the current research in China is not from normative angle of view, the definition of the rule of evidence pre-judgments prohibition is vague, and the position of the rule in criminal procedure is unclear. The content of the evidence pre-judgments prohibition rule discussed by the researches is all-inclusive but has no virtual meaning, which is completely different from the rule in traditional Continental Legal System.In view of our long-time misunderstanding on the rule of evidence pre-judgments prohibition in both theory area and judicial practice area, this paper attempts to clarify the rule's concept and theoretical origins, on this basis, analyze the difference between Continental Legal System criminal procedure construction and Common Law System criminal procedure construction. Point out that the logical system of the evidence pre-judgments prohibition rule is Continental Legal System criminal procedure construction. This paper further proposes the necessity of establishing evidence pre-judgments prohibition rule, because of China's super-power criminal construction, and indicates feasible suggestions of the rule's carrying out in China.