The Principle Of Common Evidence And Its Application In Chinese Civil Procedure

It doesn't exist any rules about the principle of common evidence in chinese civil procedure law and regulations. Scholars seldom discussed it, the principle of common evidence is an unfamiliar concept to us. But it really exists in our judicial practice, and imperceptibly influences on our judicial practice.Lack of appropriate regulation, coupled with theoretical research is relatively lag behind, mixing common advocate and common evidence is full of the judicial practice, the original natural effect of common evidence deviate significantly from the natural rational faculty. The principle of common evidence needs to give a same judgment for the same facts, the evidence no matter who presentes can be used as a basis for adjudication. It requires the existence of common facts of the case as long as the proceedings of evidence should be applicable to common principles, including the antagonism between the parties, the colitigation between the parties and intervention between the parties and so on. However, it may be contrary to the adversary doctrine. The application of the principle of common evidence opposition between the parties does not violate the amendment adversary doctrine, but the application in the majority of litigation breakthroughs the adversary doctrine, through balanceing between adversary doctrine and discretional evaluation of evidence ,then choosing discretional evaluation of evidence, only reinforcing the ringt of process guarantee to the parts who are appyled the the principle of common evidence,can it be gitimacy. Because of the difference between the litigation material and evidentiary material, only the parts have advocated the fact claim,can the evidence be used to determine the facts; if not, we should use the principle of common advocate to judge, when the fact claim can be regarded as advocateing through the principle of common advocate, there is the room to apply the principle evidence common in this moment, otherwise, there is no application of evidence common. When one party do self recognition or admiss the opposite rights, it can don't use the principle of common evidence. But when breaking the principle of common evidence, it need to conside the coordination with the verdict.