Reconsidering And Reshaping "Statutory" Of Criminal Evidence Type

The type of statutory evidence is one of the core concepts in the theory system of evidence rules in China.The second paragraph of Article 48 of the "Criminal Procedure Law of the People's Republic of China"(hereinafter referred to as the "Criminal Procedure Law")provides eight types of statutory evidence based on different types of evidence.Judicial personnel are used as the basis for promoting the operation of criminal lawsuits.However,judging from the evidence adoption of the verdict,in order to ascertain the needs of the facts of the case,the type of evidence adopted as a verdict is not limited to the scope of the eight types of evidence provided for in the Criminal Procedure Law.Many materials that are not included in the evidence category are widely adopted by the verdict.Whether or not these materials dissociated from the statutory evidence categories are used in the evidence adoption process of the judgment and how they have been used have become difficult problems in the criminal proceedings.The reason for the conflict is that apart from the need for the judge to ascertain the facts of the case and the structure of the procuratorial centralism,the fundamental reason for this is that the provisions of the current type of evidence in our country lack operability and there are many deficiencies.However,based on the current situation of criminal judicial practice in our country,it is necessary to present the types of statutory evidence at this stage.It is necessary to clarify the purpose and status of the types of statutory evidence,expand the compatibility of the legal scope of the types of evidence,strengthen the statutory dynamics of evidence,and focus on the types of evidence.Evidence rules are linked.The writing of this article is divided into four parts.The first part begins with the status quo of the verdicts and adopts cases to analyze the conflict between the types of evidence and the adoption of evidence.The second part considers the reasons for the conflict between the types of evidence and the adoption of evidence.The reason for external conflicts lies in the judicial reality of the adoption of evidence in judgments.The reason for internal conflicts lies in the type of closed evidence,which results in anarrow range of statutory evidence and is incompatible with numerous evidences in judicial practice.,which is the nature of the conflict between the type of evidence and the adoption of evidence.Therefore,based on the conflict between the type of evidence and the adoption of evidence,the basic point of the paper discusses the problem of“legal” types of evidence.The third part is the theoretical analysis and reflection research.It summarizes and rethinks the existing research in legal scholars' categories and issues,finds a new way of thinking,and then resolves the conflicts in judicial practice.The fourth part is the resolution of conflicts.The “statutory” type of evidence should be based on the needs of judicial practice to clarify whether the type of evidence is statutory and how it is statutory.It lays the foundation for the remodeling of the types of evidence,and pays attention to the change from the study of the types of evidence to the research on the rules of evidence.