Rules Of Evidence In Criminal Proceedings

Evidences are basic parts of criminal proceedings. All hearing or judging of the cases are based on the evidences. Therefore, as the answering solutions to those particular questions, such I like what kinds of evidences can be used in the criminal proceedings, or how to identify the value of the evidences, a set of rules of criminal evidences is essential.Criminal proceedings have developed from the age of ordeal, the age of legal evidence to finally the age of free card system. From ridiculous evidence rules in the age of ordeal, to rigid rules in the age of legal evidence, and then to over-flexible rules in the age of traditional free card system, jurists have continuously criticized on the rules of criminal evidences, and now finally set up a modern prove mode based on free card system, coupled with the principle of evidence.As the fact of traditional thinking that substantive law is more important than adjective law, there is still a quite long way for China to set up a system on the rules of criminal evidences. We should combine the advantage of evidence rules in western legal system and our own national conditions to build up our very own evidence ruling system.From the aspect of using evidences in criminal proceedings, we should take the free card system and get rid of any legal evidence thinking. The value of the evidences cannot simply judged by the law. It needs the judge to give full scope to subjective initiative and make the judgment by his ethical and rational mind.From the aspect of capability of criminal evidences, we must finalize the relevance rules, exclusionary rules of hearsay evidence and exclusionary rules of illegal wordsevidence, Direct words rules, and etc. Through setting up of those rules, it secures the supply of evidence for criminal proceedings, and also restricts judges from wantonly rejecting the ability of the evidences and forms a solid base for judges to judge.