Restudy On The Definition And Property Of Evidence

The definition and property of evidence is the basis and starting point of Evidence theoretical research, and they are widely used in every kind of litigation activities. The litigation cannot go on without evidence, but what does evidence mean? Our scholars have very different opinions on this simple question,the research on this mainly concentrates on the introspection and reconstruction of traditional definition of evidence, the subjectivity and objectivity of evidence, the redefinition of evidence's basic properties and so on. In this article, the author just tries to make a division of evidence's definition from the basing point of characteristics of purpose for litigation and objectivity, grants new content to objectivity of evidence after reappraising of it while analyzing the evidence's properties.This article has three parts.I. Historical Development of Evidence and Present Research StatusEvidence develops from the activity of litigation. Its establishment and development can not be isolated from a country's specific legal culture and traditional cultural background. In this part the author makes an introspection of the historical development of evidence and makes a brief introduction of some kinds of different theories about evidence. The author states that the definitions of evidence in foreign countries avoid the substantial meaning of litigation evidence directly and indirectly, and they are just describing the external meaning of evidence. Till now evidence is still a fuzzy definition in China, and it can not be recognized from its basic properties, and even it is also a very controversial definition for the...