On Capacity Of Evidence And Weight Of Evidence

Capacity of evidence and weight of evidence are two important concepts in evidence law field, the relation between them is a basic issue. The right cognizance to capacity of evidence is the premise and weight of evidence is the final intent. Firstly, this paper introduces the regulation about capacity of evidence and weight of evidence in west countries. Secondly, it analyzes the relationship between them. Finally, it probes into capacity of evidence and weight of evidence in our country according to the analysis.This paper includes four chapters except the preface and the conclusion. Chapter 1: The comparative analysis to capacity of evidence. This chapter introduces the system of capacity of evidence in west countries, explores the differences and the universalities between them. Capacity of evidence is a kind of consideration about finding facts or realizing special policies, as well it is a kind of rational and necessary restrict to the evidence materials which comes to the court .Chapter 2: The comparative analysis to weight of evidence. This chapter introduces the judgment rules about weight of evidence in west countries, opens out the homology between them. Weight of evidence is evaluated at liberty, and the judge's heart certification should be confined rationally . Chapter 3: The relationship between capacity of evidence and weight of evidence. On the base of the two chapters, this chapter further reveals differences and relationship. Capacity of evidence is a legal question, it is definitely regulated by law; weight of evidence is a matter of logic and fact, it is confirmed by experience and logical rules. Capacity of evidence is the premise of weight of evidence, it limits weight of evidence from active and negative aspects.Chapter 4: The consideration on capacity of evidence and weight of evidence in our country. I think there are two aspects should be perfected. On Capacity of evidence, we should carry out direct wordage principle in litigation, set up franchise rules, exclude illegally obtained evidence. On weight of evidence, we should establish the principle of free evaluation of evidence through inner conviction, and give the evaluation necessary restrict in order to ensure the heart proof impersonally.