Study On The Problem Of Relevancy Of Evidence In Criminal

The theory of the relevancy of evidence is one of the cores of evidence law in common law,while the Relevancy Rule is called "Golden Law" in Criminal evidence rules.The relevancy of the evidence in the case is the basic attribute of the latter and throughout the criminal proceeding,thus the rule has a strong theoretical and practical significance.Although the domestic scholar have made great achievement in the rule of evidence,most scholar discuss the Relevance Rule of criminal evidence only with"No relevance,no adopted",lead to lack of argumentation and practice operability.Based on the existing research and massive literature,this paper adopts the methods of comparative analysis and empirical research,the author presents his view on evidence of relevance about controversial problems. What’s more, combined with the mature relevance rules in two legal systems and operation of our own legal system,this dissertation tries to build relevance rules in criminal evidence adapt to China’s judicial practice.This article comes up the blue print of the establishment of the Relevancy Rule of the evidence hand in hand with the tide of the reformation of criminal evidence in our country and hopes have a positive meaning to the theoretical research and judicial practice.At first,the discussion on the basic content of the relevancy of the criminal evidence.The writer explore the connotation of the relevance of evidence by comparing the relevancy of evidence connotations in order to present the meaning of the theme。In addition,the author point out a way to determine the relevancy of evidence.Further more,it analyses the difference on Relevance Rules among criminal、civil and administrative litigation.Then the writer investigation the relevance rules of criminal evidence in common law countries and civil law countries.On one hand, the writer observation and study on the general situation.On the other hand,this article is to analyze the difference situation between them and to discuss the reason of it on the consideration of the different legal traditions and systems.The third,this article analysis on the regulation of the relevancy in our country, and the understanding of it in the jurisdictional practice.In result, the legislation on evidence pays too much attention to the weight of the evidence, while neglects the credibility.At last, the article discussion on the establishment of the Relevancy Rule on Criminal Evidence in China. The author indicate that legislation should be established about the Relevancy Rule.