| The paper is divided into three chapters:Chapter I is named as "The Comparative Analysis of Admissibility"; Chapterâ…¡is "The Content and Definiens of Relevance"; Chapterâ…¢is "Admissibility and Relevance". What's more, I put forward legislative proposals in the last part.In Chapterâ… , I made a comparative analysis of admissibility by study the history of it in Anglo-American law system and Continental law system and properly difined it. The theory of the admissibility in Anglo-American law system is quite developed and rich in content.I made a fuether exploration of the systemic basis after I defined the admissibility and reviewed the historical development. Competency rules in Continental law system lies in dynamic adjustment.In Chapterâ…¡, I discussed the definition of relevance based on "the nature of the evidence" and properly difined relevance. It is considered the cornerstone and the core part of evidence law theroy in China that "the nature of the evidence". And admissibility is considered one of the fundamental nature of the evidence as well as objectivity and legitimacy. I believe that objectivity, legitimacy are not fundamental attributes of the evidence, and relevance should be the only one. Then I discussed the content, definition and criterion of relevance.In Chapterâ…¢, I divided the adoption process of evidence into two stages: accepting and adopting the evidence. The admissibility of evidence works when the judge decide to accept the evidence, while that's according to whether the evidence is related to the case. That's to say, relevance is the most important part of admissibility while the admissibility is useful in evidence judgement.In the last part, I summarized the main ideas and put forward a number of legislative proposals. |
