Outline Of The Criminal Rules Of Evidence

Evidence rules is the essential problem of evidence law. Under the conditions of practising administering the country according to law and executing the refonnation on the form of the trial, the problem of evidence rules becomes more and more important. This thesis, with the criminal proceeding evidence rules [CPER] as its researching subject, from the connotation of evidence rules and taking this as a theoretical starting point, analyses the basic values and the controlling factors of CPER. Then on the basis of evaluation of the theory and practice of CPER aboard, it attempts to establish CPER system in our country. As for the scope of connotation of evidence rules, there are some deviations between China and Anglo-American law system countries, mainly showing in two respects: the theoretical standpoint and the cognition of practice. On the basis of full comparison, the thesis thinks that the connotation of evidence rules in our country should include: (1 )taking the admissibility of evidence as the centre; (2)treating the rules standardizing credibility of evidence as the main outline. Further, it expounds the relationship between evidence rules and evidence system. CPER has mainly three basic values, i.e. the value of justice, the value of efficiency and the value of order, which will be analysed in detail in the thesis. The controlling factors of CPER are proceeding structure, purpose of proceeding, concept of proof and historical tradition, etc. In addition, the legal cultural background, crime situation, political factors and so on also exert certain influence on evidence rules. The criminal proceedings in the countries executing adversary system or adopting this as the main character of the way of court trials, apply a large quantity of evidence rules in their legislative practice, e.g. the exclusionary rule of hearsay evidence, the rule of relevancy, the exclusionary rule of illegally obtained evidence, the rule of voluntary self-incrimination, the exclusionary rule of opinion .~vidence and the best evidence rule. The thesis applies the admissibility to every evidence rule to connect all evidence rules and thus to form a tight system. Heavily influenced by the continental law system, the modem evidence system in our country has not a systematic and complete evidence rules system. The thesis expounds and proves the necessity of establishing CPER system in China, suggesting the reasonable train of thought on constructing CPER in China, i.e. obeying scientific and systematic principles, using the means of absorption and transformation, and adopting the mode of the exclusionary rules as well as the exceptional rules. Finally, the thesis makes tentatively an inquiry into the content of CPER in China, suggesting that our country should apply the limited rule of hearsay evidence, make clear the rule of relevancy, establish the limitedly exclusiorary rule of illegally obtained evidence, intensify the rule of voluntary self-incrimination, adopt the exclusionary rule of opinion evidence, and perfect the best evidence rule.