Relevant Rules Of Criminal Evidence Research

As china’s litigation model shift from authority orientation to adversary system, every party has the right to decide which evidence to surrender to the jury. As a consequence,they would surrender any kinds of evidence some of which is irrelevent to the case. As china now under a great stress of judicial burden, to cross-examine every evidence is a waste of time and somewhat irrational. The rule of relevent evidence has developped in the UK and USA, it’s has a great value in improving the judicial efficiency and ensuring justice. The relevancy of evidence of this paper focusing on the criminal evidence,since civil evidence has other characteristics.This paper has the following contents:The first chapter introduced other countries’s law on the meaning of relevance. However, many scholers has the opinion that relevence of evidence is a problem about philosophy and experience,and is rather difficult to define. But Neil MacComick holds the idea that relevance has two aspects,namely materiarity and identification,which is widely supported.ChaterⅡ, the writer analyzed rules from the positive aspects,which contains the proferential rules, the rules of reinforcing evidence and circumstantial evidence rules. The above three rules in our country has been embodied in the law, but is more fragmented, there is no unified system.ChapterⅢ, the writer analyzed the character evidence rules. Generaly, character evidence should be excluded from the scope of cross-examination. A person’s previous performance shouldn’t be measured in a particular case.However,under certain circumstances, character evidence can also be used as evidence, such as the defendant puts forward that he has a good reputation in his community, or claims that the victim has a bad reputation.ChapterⅣ, the writer analyzed the rules of relevant evidence in our country. We found that china’s legislation on this rule has been reflected, for example, the concept of recidivism in criminal law, and the concept of defendant’s social investigation reports in the case of minors. At the same time,this chapter the writer put forward constructive suggestions of the absorption of foreign legislation’s useful experience on relevant evidence rules to make up of the lack of our legislation.