Research On The Evidence System Of "The Complement Of Zhe Yu Gui Jian"

“The complement of Zhe Yu Gui Jian” was compiled on the basis of “Zhe Yu Gui Jian” in the Qing Dynasty.The content mainly collected various criminal and civil cases in the dynasties.The collection of martial arts 719,all kinds of notes mixed,widely involved,is the study of ancient China Important information on judicial precedents.At present,there is not much studies on the “The complement of Zhe Yu Gui Jian”,and there is almost no research on evidence system.This paper analyzes the cases of “The complement of Zhe Yu Gui Jian” and selects the cases involving the evidence system,including 154 criminal cases and 10 civil cases.Based on these cases,the combination of history and theory tries to summarize more evidence systems in it.The paper consists of four parts,and the chapter structure is arranged as follows:The first part is the analysis of the criminal evidence system.Through the research on the criminal cases,the paper summarizes the types of evidence and the methods of obtaining evidence in criminal cases.The criminal evidence are divided into evidence of confession,witness testimony and material evidence.The method of obtaining evidence mainly involves the acquisition of torture,inquest,warning from ghost,unannounced visiting,curse,infer by common sense and experiment.The second part is the analysis of the civil evidence system.Through the study of the civil case,the types of evidence in the civil cases and the methods of obtaining evidence are summarized.The characteristics of the civil evidence system,in which the types of civil evidence include documentary evidence,party statements and witness testimony.The method of obtaining evidence is the party's confession and use of martial arts to obtain evidence,summarizing the importance of documentary evidence in the civil evidence system.In the third part,on the basis of the previous analysis,the paper analyzes and evaluates the problems reflected in the evidence system of the The complement of Zhe Yu Gui Jian,including the legal status of women in the judiciary,the testimony of the young,the old and disabled person and tolerance system.In the fourth part,author discusses the characteristics of the criminal evidence system and civil evidence system,through the analysis and comparison of the criminal evidence system and the civil evidence system,and author draws the obvious differences,including criminal cases attach importance to confessions but civil cases attaches importance to documentary evidence and the method of obtaining evidence is different between criminal cases and civil cases.