Criminal Proceedings Evidence Of The Correlation

The relevancy of evidence has been discussed several years in our country. The traditional theory of evidence defines the relevancy of evidence from the view of materialism cognition.But it over emphasizes on objectivity and lacks of the relevancy,as a result of that some scholars consider the relationship of objectivity and relevancy as the relation of commonness and individuality. As the expansion of the reformation of judicature, the mode of lawsuit in our country has been transfered from authoritarianism into party-lism. The scholars start to hold a new view of the relevancy of evidence. They want to define the relevancy of evidence scientifically on the basis of learning from the theory of Anglo-American law.The common law system comprises two components,provability and materiality.The discussion on the provability of evidence is mainly about circumstantial evidence,and it needs to use logical and empirical methods to check the effectiveness of reasoning process the cirterion on the materiality of evidence is usually that the evidence could be suitably applied to the stipulation of substantial law and the party claims for the current case.Because of the numerous sifferences of society,culture,background and the dominating value between China and The Common Law System Countries,it is impossible to copy the law theory of The Common Law System Countries.but we can exploit our veiw by learning the theory from The Common Law System Countyies. The deeply discuss of constituting perfect rules of the relevancy will offer a firm basis of constituting and improving the law of relevancy. And it also has great influence on improving the reformantion of judicial system in our country.