On The Evidence Of The Referee In The Principles Of The Criminal Procedure Law

As a basic principle of evidence law and even modern criminal litigation system, the principle of evidentiary adjudication means that fact establishment must be based on evidence.It is used to prevent the abuse of discretional evidence.Without the principle of evidentiary adjudication, discretional evidence system can not be used more rationally. The principle of evidentiary adjudication is popular in civil law country.The principle of evidentiary adjudication belongs to a historical category. The early human society judged case fact through god's will. With the development of society, divinity evidence was denied and the principle of evidentiary adjudication came into being.With the difference between the feudal monarchy society and modern society in litigation mode, destination and human right protection, the principle of evidentiary adjudication experienced two periods:legal evidence period and discretional evidence period. Although discretional evidence was denied at its early development by the litigation field, it is accepted gradually because of the improvement.The principle of evidentiary adjudication is the very product of litigation. Due to its normalization, it has been offered much connotation.It requires that case facts rely on related evidence to establish whether it is true or not true. In addition, related evidence must be qualified by the law and comes to the judge in a given condition. Related evidence must correspond to its three qualities:objectivity, relevance, legality.Justice judgment has changed from fact-based principle to evidence-based principle in our country.From the point of subjective, human society's cognition and understanding, and from the point of objective,the case itself make it impossible to reproduce the true case. As a result, fact-based principle can not meet the needs of modern litigation. As the only principle of the case judgment, the principle of evidentiary adjudication corresponds to dialectical materialism epistemology and is a rational choice in the litigation practice.It can be used to identify functions of investigation, charge and examination. In addition, it can balance charge and defense, separate charge from examination and make neutral judgment. The principle of evidentiary adjudication improves the legal consciousness of society and meets the needs of law- governed society.So far for the principle of evidentiary adjudication, there is no specific legislation. The existing principle of evidentiary adjudication lies separately in the interpretation of the three procedural laws and some criminal judicial interpretation. For the corresponding specific system, it is inattentive and hard to operate. These deficiencies do not promote its practice and prevent the justice and efficiency of litigation. It is hard to direct, regulate and normalize. As conclusion,it is necessary to make a specific evidence act and perfect the principle of evidentiary adjudication from the point of check, proof and confrontation. To deepen its interpretation in the theory field is also useful for providing opportunity and inner power.