The Study On The Admissibility Of Testimony

The admissibility of evidence also means the coincidence of the evidential qualification. As one of legal evidence ,the admissibility of testimony(confessed by the accused or suspect )refers to the property or coincidence of the testimonial qualification.This paper thinks that the testimony has duality. One is the evidential property of proving oneself quality, the other is the criminal accused proper of accusing oneself. The objection and reliability of the requisites to the testimonial evidential qualification don't mean the factuality of the testimony but means reliality of the testimony itself. The judging standard or factual grounds is based on whether the testimony is made voluntarily, which means arbitrarility. But in law arbitrarily or voluntarily is a kind of legal fact, not single mental fact. AS a legal standard, the appraising subject of the voluntary testimony is judicial departments. But the standard of judicial judgment is only objective, which means that the standard is based on fact and law. The arbitrarility of testimony can not be denied as long as the accused is interrogated by a way permitted by law.That the evidential qualification of testimony is defined by arbitrarility and legalization doesn't mean isolating them but mean giving a research on them from different points. These two requisites have a relationship of dialectical unity. The relationship means these two can be replaced each other. There is self duty in legal standard.Two basic operating methods on subjective and objective in criminal investigation of evidence are inquired into in this paper. These methods can not be emphasized one thing at the expense of another in criminal lawsuit. The testimony is subjective evidence by subjective method. In the same time of affirming the subjective method and evidential value of testimony in this paper, the objective meaning of criminal policy that you can be dealt with leniently if you confess also be affirmed.