Review On Formalization Of Civil Evidence Admissibility In Our Country

With the deepening of China’s civil trial reform, the civil evidence legislation that ofrelevant rules of admissibility applied in judicial practice, which exist the evaluation ofevidence is too formalized and the tendency of legal evidence system. Based on the currentstatus of the justice in our country, this article tries to analysis the situation of the legalevidence system in legislative level and practice level, then to find the cause of theproblems, such as the controversy of the “legal truthfulness” and the “objectivetruthfulness” in theory, the constraint of system of rules, management system, the systemof examination and assessment of judges in practice. Thus, on the basis of the theory andempirical analysis, in order to reduce the activities that the judges use the rules of legalevidence system to evaluate the evidence in the civil litigation proceedings, we couldadvance some measures from threes aspects which regulation, disclosure of evidence andindependence of judges to consummate the system of civil evidence admissibility.