The Study Of Evidence Rules

The evidence rule becomes a hot topic in the national academic circles in recent years. It plays an irreplaceable role in the norms of evidence law, which becomes more and more important in practical lawsuit, and it has great influence on proof even justice of lawsuit. The evidence rule can not only strengthen the operability of lawsuit processes, but also restrain the discretionary power of the judge, which helps to ensure human rights and to protect particular social relationships and social benefits. The evidence rule mostly contributes to discovering the fact, ensuring the objectivity of evidences and avoiding distortion of the evidence. Therefore, the study, establishment and observance of the evidence rule make great sense to keep the court in good order and to ensure that the law of procedure is scientific and works efficiently.At the beginning of the thesis, the author analyzes the definition, significance and classification of the evidence rule systematically, and points out that the evidence rule should be the generic name of rules which regulate the qualification, the capability and the value of the evidence rule itself to prove the fact of the case.Chapter two reviews the history of its development and introduces it with details past and present, at home and abroad.In the following part, the author introduces and compares the evidence rules briefly between the two main law systems, including the aspects of the relevant rule, the rumor rule, the illegal evidence elimination rule, and the best evidence rule etc.The last chapter analyzes the current situation of the national evidence rule, defines some problems in it and also gives some personal suggestions and viewpoints in view of some evidence rules in the lawsuit.The thesis puts forward an idea that the evidence rule should coordinate with the judicial system, the lawsuit system, the court pattern, the law values and so on. Our national law is influenced deeply by the continental law system from the angle of both history and present. Although it absorbed some elements of partilism in the lawsuit pattern recently, in a whole, our national lawsuit pattern is much more similar to the authority principle of the continental law system. Therefore, the organization of our national evidence rule mostly refers to that of the continental law system. However, some reasonable elements of British and American evidence rule should be used. And we should value the research of legislation, theories and practical experience of foreign countries, and adopt it in line of our national condition and practical needs.