Dilemma And Rebuilding Of Evidence Category In Criminal Procedure Of China

With the development of law reform, people pay more and more attention to evidence. In this case, it is no doubt that we will not recognize the truth of the case and even encroach the human rights if we have many problems about the evidence theory and evidence legislation . Evidence category is the first problem on f evidence. Evidence category play the role of the evidence doorkeeper. We intend to do the omni-directional research on the category of the evidence type to establish standard evidence category system, then provide the foundation stone for the further research. This article has analyzed the containing and chaotic characteristics of evidence category and conclude again to three types: material evidence, documentary evidence, witness, then analyzed respectively the position of three new evidence pattern of manifestation (conclusion of psychology testing, electronic evidence, scientific evidence) : conclusion of psychology testing is expert evidence; The electronic evidence is not independent evidence catagory , it is one of material evidence, documentary evidence and witness; The scientific evidence is not also independent, it is contained in the extant evidence catagory .This article not only rebuilt the position of the traditional evidence category, but also research and locate three new evidence pattern manifestation (conclusion of psychology testing, electronic evidence, scientific evidence) by putting them in the field of the evidence category. So we try to do an all-round, scientific, rational research on evidence category.