Logic Mechanism Of Application Of Circumstance Evidence In Criminal Procedure

Circumstance evidence is one concept in common law system, using with direct evidence, and thus the counties adopting common law have relevant study in depth. Circumstance evidence requires reasoning to prove relevant face. Study on circumstance evidence in China started late and is relatively late.Current Chinese Criminal Law states that judges cannot decide the fact based on statement evidence only, while if circumstance evidence is accurate and abundant, judges can decide the fact without statement evidence. This is not the case in practice, because judges mainly decide the face based only on statement evidence, so that the function of circumstance evidence cannot be efficient. Research in other countries is very helpful in study of circumstance evidence in China.Statement evidence as direct evidence does not require complicated reasoning to prove fact. In practice, police may use illegal measures to acquire statement evidence, which may result in wrongful decision. Circumstance evidence requires reasoning to form an evidence chain for judges to decide a fact.The traditional Chinese legal culture does not reinforce the importance of reasoning. Since we lack of specialized research on how to use reasoning to apply circumstance evidence, judges do not have applicable reference to decide fact based on circumstance evidence. Therefore, research on discovery and application of circumstance evidence will effectively provide instructions for police to collect evidence and for judges to decide facts based on circumstance evidence, in order to prevent wrongful decision using illegal evidence.