On The Nature Of Criminal Evidence

Evidence is the cornerstone of the litigation. The clarity and conformity of the concept of evidence is the prerequisites to establish a scientific theory of evidence, and is fundamental for the evidence legal system. The clarity and conformity of the concept concerns the ontology and methodology of the evidence. And it also deals with the standard and scope of the justice. The definition of the concept of evidence is the foremost step, and the nature of the evidence is derived from the concept of evidence, which is the essential to the establishment of the evidence. To study and define the concept of criminal concept is the origin and basis to build the nature of the criminal concept. Nowadays, scholars and experts have dispute on the issues of the constituent elements and the nature of criminal evidence, which results in inappropriate judicial practice of evidence in our country, to the extent that the deviation does exist in the cases where the facts are determined based on the criminal evidences.Therefore, to understand the nature of the criminal evidence correctly is undoubtedly of great theoretical and practical significance. Based on the acknowledgement of the three-properties theory, this paper starts from the explanation of the concept of evidence, conducts a detailed analysis three elements of the evidence nature according to the dialectical materialism, points out that the relevance is the essential property of the criminal evidence. And on this basis, this paper puts forward the idea of the structure set of applicable rules of establishing evidence, by analyzing foreign experiences in the design of evidence.The emergence of evidence is accompanied by the litigation of ccriminal activities. We should starts from the concept to recognize the nature of the criminal evidence. This paper explains the current representative views of the definition of the evidence in our country, and then analyzes the nature and concept of the criminal. On this basis, the paper then elaborates the constituent elements of the nature of criminal evidence, including the legality, objectivity and relevance, which fully affirmed the three-properties theory. Any procedure set in litigation has its own theoretical basis, the epistemology of dialectical materialism holds that everything in the world is an objective reality, do not alter depending upon the man’s will, and there is a common link between things. While, from the point of view of the target values and process values, this paper further discusses the values embodied in the nature of criminal evidence, adding more value to the research of the theoretical basis of the criminal nature of evidence. Although the nature of the criminal evidence is consisted of the three properties, there have always debates on the essential attribute of criminal evidence. The legality of evidence only involves legal issues, and legitimacy is certainly based on the relevance of the evidence. Only when entering the court process the legality of the evidence would be discussed, the evidence should be an objective fact. However, to regard the objectivity as the nature of the evidence is a bit far-fetched. The reason why the objectivity of evidence is not the essential attribute of the evidence is that objectivity is not the unique characteristic of the evidence. On the other hand, objectivity is not a significant sign of the evidence to differ from other non-evidence things. The relevance of the evidence is the basis of proving facts of the certain case and the legitimacy and the objectivity of the evidence. The objectivity of evidence is the epistemology for people to understand and grasp the relevance of the evidence, and its legitimacy proposes procedural requirements for people to collect, fix and preserve the evidence of the case, so that the evidence in the proceedings can be more flexible and more comfortable. Therefore, we should first affirm the three-properties theory to demonstrate the nature of the criminal evidence. The objectivity, relevance and legitimacy constitute the sufficient conditions for evidence. These three conditions are indispensable. By elaborating abroad advanced experiences and the current legislation and judicial practice in our country, from the view of the optimization of the composition of criminal evidence nature and perfect the construction of the rules of the nature of evidence in China, by the association rules, the exclusionary rules, beyond a reasonable suspected rules, evidentiary presumption rules, judicial notice of the rules set, the applicability of China’s criminal evidence nature will play a better role.