Evaluation Of Criminal Testimonial Evidence

The criminal testimonial evidence is the testimonial evidence which is applied for thecriminal procedure; it includes four kinds of styles: the confession of defendant, thestatement of victim, the testimony of witness and the suggestion of appraisal. Theinformation of criminal testimonial evidence that may affect the case situation is by thestatement of people, they can provide the case situation actively for having a probativeeffect on the case directly and vividly. However, the statement of people is subjective,which is affected by varied elements and may come into be a false statement. If cannotidentify correctly, it would be easy lead to recognize the case situation improperly andproduce judicial injustice. Therefore, it is an important mission that is greatsignificance of recognizing the case situation accurately for judges to evaluate andjudge the probative value of criminal testimonial evidence correctly in the period ofindentify evidence.Having been impact by the opinion of “Base on Objective Facts” in the theory ofMarxism philosophy，our practical field of justice insisted on the view that theevaluation and judgment of evidence must be combine with the particular casesituation and cannot construct perfectly a rule system of evaluating and judgingevidence. With the judicial reforming going by, our practical field of justice turned totend to construct some rules evaluated probative value of evidence. However, somescholars in the academic field of evidence law thought not, and they attackedvigorously the article of evaluating probative value in the judicial interpretation by theSupreme Court. Meanwhile, they advocated the application of the intime convictionpresented by Continental Law System for our criminal judgments. Further theyappealed that legislation should set some common rules to limit the admissibility ofevidence, which serve to find the facts of cases correctly.Based on this ground, this article researches the issue of evaluation of probative valuein the view of criminal testimonial evidence: First of all, this article expounds thefundamental theory about probative value scientifically, divides the limitation betweenprobative value and other evident concepts clearly, and also explores the elements ofevaluation of probative value to form the basic recognition of it; In addition, combinedwith the theories in the field of evidence law and some judicial experience, this articlesummarizes the general standards about how to evaluate the probative value of criminal testimonial evidence; at the last but not least, based on these standards, thisarticle also constructs the common rules about how to evaluate the probative value ofcriminal testimonial evidence, which will be the guidance that judges evaluate theprobative value.This article argues that no matter what the attempt to find the general standards ofevaluating and judging probative value, or confirms the manipulated rules of it, the keypoint is the transformation of the researched ideas in the evidence law filed, on oneaspect, and we must tear the blank banner of “Base on Objective Facts” and confessthe common regular pattern of evaluating and judging probative value, on the otherhand, on the fundamental of advocating intime conviction, we have to recognize itsdefects: If we use intime conviction completely, it would be another style of “Base onObjective Facts”. Judges should consist on the system of evaluating and judgingevidence which is combining rules limited and free to judge when they evaluate theprobative value, to make sure the facts of cases correctly.