A Study On The Rules Of Civil Evidence Relevance In China

There is no doubt for the position of evidence relevance which is one of the basic attributes of evidence. Unfortunately, although most scholars are aware of the great role of relevance of evidence in terms of accurately identifying the matter of fact in cases and China’s legislation also has the explicit use of the word "relevance", the guidance for the practice of relevance still does not exert its potential value.In recent years, the traditional mode of litigation is no longer able to adapt to the development of litigation activities in China. In order to fully reflect the litigant status in the litigation activities, in addition to the traditional cognition of the evidence relevance and the legal affirmation of it, we are also required to change the traditional mode of action to ensure that the rules of evidence relevance are applicable in this respect so as to provide guidance for judges and the parties with the importance of evidence relevance being manifested in practice.This paper takes the establishment of evidence relevance rules in our country as the core and analyzes the problems of evidence relevance and its legislation encountered in practice from the basic theory of relevance. What is more, the use of evidence rules in advanced countries such as England, America and France is analyzed so as to clarify the differences between them and the causes of these differences with some constructive suggestions on the establishment of the evidence relevance rules put forward finally.In addition to the introduction and conclusion, this paper is divided into four parts:The first part:the basic theory of the evidence relevance. This part mainly starts from the basic meaning of evidence relevance with the definition of the evidence relevance by western and Chinese scholars being integrated at the same time. On the basis of positive confirmation of the definition of the evidence relevance, the main content which should be included in the evidence relevance is discussed with its the ways of application being explained. Finally it introduces the importance of evidence relevance rules so as to highlight the theme for the following discussion.The second part:this part mainly analyzes the legislative status quo of China’s evidence relevance rules of civil litigation with the existing laws and regulations and the latest judicial interpretation being analyzed as well. Then, the judicial practice of evidence relevance rules of civil litigation in our country is analyzed from the three aspects of the judicial discretion, imbalance between the proof reliability and weight of evidence and the exercise of the rights of the litigant; finally, the reasons for the problems existing in the two aspects of legislation and practice are analyzed.The third part:it analyzes the understanding of evidence relevance in foreign countries and the specific legal provisions with the specific stipulations and theoretical research for evidence relevance rules in Evidence Law of American and England being analyzed as well. What is more, the above specific stipulations and theoretical research are compared with that in legal system of the continental countries so as to obtain the differences between the two types of countries in terms of evidence relevance rules as well as the relevant reasons for them. It will provide reference for the conception of evidence relevance in the following content.The fourth part:some thoughts on improving the civil evidence relevance in our country. This part is the core of the whole paper. On the basis of analysis of evidence relevance rules in China and foreign countries, the paper puts forward the opinions for establishing the evidence relevance rules as soon as possible.