The Research Of Legal Evidence System

Legal evidence system is evidence of medieval Europe's dominant system ,which was replaced by the doctrine of free evaluation of evidence around the 18th century. At present, many people believe that the legal evidence system is a barbaric system of justice, but the historical truth is not the case. This article attempts to research the statutory origin, development, sources of law, rules, characteristics of the legal evidence system , and finds out the reasons that replaced by the free evaluation of evidence and analysis of their historical conditions at the time a specific function. In consideration of the domestic support for their research is almost empty, and there is considerable misunderstanding, so this study has important theoretical value.In addition to introduction, conclusion, the article contains four parts:Part I: embryonic form of legal evidence. Legal evidence that in ancient Europe has blurred the performance, it is around the 15th century BC, the ancient Rome and the ancient Germanic period that examine in detail the legal evidence of germination, the embryonic form of legal evidence, as well as legal evidence of the rise of such content, especially fully elaborated the impact of the factors on the future generations during the rise of the legal evidence.Part II: the formation of legal evidence. Legal evidence was officially formed in the Middle Ages, which closely linked with the Roman canon law proceedings. Legal evidence of the formation depends on the specific political environment, was generate the basis of economic, law, philosophy and culture and was impacted the subject to apriorism, authoritative book on the Christian ideology, symbolism, mathematical ideas profounded reservations of the class nature of the era of formalism characteristics.Part III: the legal origins and characteristics of the primary rules of the legal evidence . In this part of the major historical periods in accordance with the relevant legislation, and with the statutory rules of evidence established and the main features of the rules in a detailed analysis to provide for the legal evidence a more comprehensive understanding.Part IV: the demise of legal evidence. With the development of human society continued, also the economic and technological progress have brought about the political, cultural and other social changes, legal evidence of its existence gradually lost its original meaning. Legal evidence has been replaced by free evaluation of evidence in the 18,19-century social change in the doctrine, after all, played an important role. This section first reviewed and summed up its historical role, and then focuses on the causes of extinction have been free evaluation of evidence doctrine to replace the historical process.Conclusion: The conclusion of the legal evidence of the articles illustrates the modern meaning of the rules of evidence in a positive side and point out all major countries in the world today, whether civil law or common law, which established a series of rules of evidence are very popular legal evidence of the impact of legal evidence. Meanwhile, the proposed system to build in the future, we should pay attention to the role of scientific and technological evidence.In this paper, approach to historical research, collected a great quantity of relevant historical documents and describe the production, development, and die of legal evidence for a more clear description, having a more clear analysis about their history, philosophy, culture, etc. And appraises its features in specific historical age , historical inevitability of the demise on an objective evaluation, it is innovations of this article. However, as historical documents are limited, most medieval literature from is the Latin writing, so the investigation is still in its infancy, future research need to be further promoted.