Study On The Methodology Of Legal Evidence

The dissertation is divided into four chapters.The chapter one, focusing on the meaning of the concept of "legal evidence", begins with the concept of "legal evidence". The author remarks that the preexisted definitions of law evidence are so simple as to make people consider that "the evidence is the facf".Then, the author analyses the meaning of "the fact", points out that the fact is a presentation of the real things and not the things themselves; In succession, the author explains clearly the relationships among the evidence, the fact and the proposition. The author thinks that the fact is the content of the evidence and must be presented by the conclusion of the propositions. So, the evidence is not independent of the propositions. Based on the analyses above, the author makes a conclusion that the presenting forms of "legal evidence the propositions rooting in the such evidence carrier as material evidence, witness and testimony that can prove the situation of the law case real.In chapter two, the author lays emphasis on the methodological characteristics of the legal evidence. Firstly, the author points out that the legal evidence presented by the form of the propositions must have the logic relativity with the case; that is to say, the content presented by legal evidence has the causation and the relation of condition with the case. Secondly, the author thinks that the contents presented by legal evidence must be objective and cannot be changed by the will of any individual. Thirdly, the author points out that the propositions rooting in the evidence carrier must be in accordance with the legal requirements and the legal procedure, which can be taken on by three regards: (1) the forms of the propositions rooting in the evidence carrier must be in accordance with the legal language; (2) the process of obtaining the propositions from the evidence carrier must meet criterions of the existent legislation. (3) the process of proving the case by legal evidence must accord with legal procedure.