Research On Rules Of Opinion Evidence

Evidence rule is the legal norms to regulate the collection of evidence, to determine the use of evidence, it is an important part of litigation. It is not only an important part of a modern legal system, but also an important guarantee for the realization of judicial justice. As an important part of the rules of evidence, the rules of opinion evidence has a long history in foreign countries and has been play a pivotal role in common law . But in our country, the legislative provisions for the views of the evidence is not clear, this led to the use of evidence in judicial practice of judges out of nowhere, it is difficult to ensure the procedural justice and substantive truth. To overcome these problems, it is necessary to do a system analysis of the rules of opinions evidence, drawing on some more mature approach in foreign evidence, which provide reference for the establishment and perfection of the rules of evidence in China. This article is divided into four parts, with about three thousand words.The first part, an overview of opinion evidence, opinion evidence rules for the concept, and analyzes the characteristics of the rules of opinion evidence and the establishment of the traditional legal basis for the rules of opinion evidence. To this article, the "opinion evidence" to judge, not just look at the surface, but to be determined based on the content of the evidence. The author believes that the opinion rules of evidence are essentially the unity of the views of ordinary witnesses and expert witnesses.The second part focuses on the foreign legislation and practice on the opinion rules of evidence. The article, with the development of the times, opinion evidence rules in the countries or regions are also changing. Specifically, in the global expansion, with the advance of globalization and the legal integration between the two legal systems continue to deepen, not only the traditional civil law countries were introduced the opinion evidence rules , and also English and American law countries learn some thing which would be useful to the country. In this sense, the opinion evidence rule is not only the rules of evidence in common law countries, but the rules of evidence around the world.The third part is the necessity and feasibility analysis on establishing the opinion rules of evidence in our country. This paper argues that China is brewing in the context of the Revision the "Criminal Procedure" law,to construct the opinion rules of evidence is necessary and feasible. Necessity is reflected in that: the establishment of rules of evidence can view complete rules of evidence, and can be reasonably restricted the discretion of the judges, which to some extent, to ensure a fair trial of cases. Feasibility features would be: First, theoretical research for opinion rules of evidence has matured, scholars views on establishing the rules of evidence are basically positive attitude; Second, our existing legislation has to a certain sense, also confirmed the rules of evidence ; Finally, the re-establishment of the jury system and the mode of action of the adversarial system reform has achieved initial success, all of which establish laid the foundation for the rules of evidence in our country.The fourth part, with the premise of these analysis, giving a basic ideas for the the status of opinion evidence rules. To this article, completely copying the common law rules about opinion evidence would be not feasible, but to absorb some rational factors in common law is the reality act. Such as: the expert witnesses rule, introducing expert opinions into the evidence law or criminal procedure law, no need to create a new special type of evidence, but simply improving the existing identification system based on the expert witness system be added. Evidence for the opinions of ordinary witnesses, many countries have adopted the "general plus exceptions" mode, and exceptions were made to the detailed provisions. In addition, I believe if we want the opinion rules of evidence applied to the judicial practice smoothly, we also need to establish and improve other supporting measures,such as: the discovery procedure, the rules forced the witnesses to appear, and so on.