On The Reconstruct Of The Criminal Evidence Category System

With the pace of the society and the development of the technology, there are multi-angle conflicts and merges between modern technology and the superstructures as law representatively, which make some new types of demonstrate materials that closely related to cases in the judicial practice, such as Traffic accident liability book, urinalysis test reports, lie detective conclusions, electronic records, etc. These evidences are often associated with the case closely, and are important to find out the truce of the cases and charge the crimes. however, the above materials are not belonged to the statutory legal evidence in punctually speaking, so they confront to the bottleneck of legitimacy in the judicial practice, judicial officers are obsessed such as whether these materials be treated as legal evidence. So it is necessary to qualify some of them as legal evidence and reconstruct or amend the criminal evidence category system. This article starts from the emerging of demonstrate materials, analyses all of them, and researches into the necessary of reconstruct or amend of the criminal evidence category system and its legislation issues.The first part of this article analyses the development tendency of the criminal evidence category. It reveals that the development is not only as the development of human being ignorance to civilization, but also the evidence rules from subjective to objective. On this base, the article analyses and sums up the develop nature of the criminal evidence category, the tendency of it and the features, which set the foundation for next in-depth study.The second part of the article starts from the contradiction of our existing legal concepts of criminal evidence. The article initially defines the criminal evidence concept by comparative analysis. Meanwhile, it points out the encapsulation and hysteresis of our existing legal criminal evidences, and the necessity to reconstruct it.The third part analyses every new demonstrate materials in the judicial practices, defines them, makes comparative analysis on their belongings.The last part represents the confusions of our existing criminal evidence category, and the challenge from the new types. So it is necessary to reconstruct the existing criminal evidence category properly. for that reason, the article makes comparative analysis between home and abroad, and come up with suggestions.