Evaluation System

As long as Law of Evidence is concerned, the modern technology has been the irresistibly revolutionary force, which, when it comes to evaluation, is progressively starting to play a significant role. Being one of the modern state law systems, the evaluation system serves as an important part of judicature and the guarantee of the enforcement of state law. This study is composed by the concepts related to evaluation, the operation and reform of the Continental Law System and the Anglo-American Law System, and the in-depth research of the re-construction of China's evaluation system.First of all, this study differentiate and discriminate the relevant concepts on evaluation. The first part is divided into two sections, which analyze and define the evaluation and the judiciary evaluation, the evaluation in and out of litigation. Special attention has been paid to differentiating the evaluation in and out of litigation. It has been put forward that, the evaluation results of litigation evidence consist of the evaluation in and out of litigation.Secondly, this study makes effort on comparing the evaluation systems in both Continental Law System and Anglo-American Law System. There are three sections in this part. Via analyzing the operation of evaluation system, this study reveals the significant impact that the litigation model and the litigation idea cast on evaluation operation procedure. Via comparing and evaluating the Continental andAnglo-American Law System, combining the reform of evaluation system in the recent years, this study concludes that it is the worldwide trend that both the Continental and the Anglo-American Law System should learn from the other's strong points to offset its weakness. And this idea has given a hint on the re-construction of China's evaluation system.Last but not least, this study has brought forward reformatory suggestion on the re-construction of China's evaluation system. There are two parts re-constructing the procedure operation in China's evaluation system on the basis of analyzing the status quo of it. Since there are lots of disadvantages of the multi-evaluation system in the practice of litigation, the reform of evaluation system must go along with the present litigation model and litigation idea. Because of the different characteristics and aims of criminal litigation and civil litigation, there should be different ideas about the reform of them. In criminal litigation, "major inquisitorial model and minor adversary model" should be followed, while in civil litigation, "major adversary model and minor inquisitorial model" should be followed. For there are great differences between evaluation in litigation and evaluation out of litigation, the differences should be taken into consideration when it comes to the re-construction of China's evaluation system.