The Dissimilation And Regain Of The Objectivity Of Proof

The objectivity of evidence is one of the most discussed topics in evidence attribute.From the debate between objectivity and subjectivity,to the gradual alienation of objectivity into reality,the academia has not reached a consensus on the objectivity of evidence.In the traditional theory of evidence attribute,the three characteristics of evidence attribute are objectivity,relevance and legality.However,in recent years,the traditional status of the objectivity attribute of evidence has been impacted and even replaced.Article 48 of the criminal procedure law of 2012 defines evidence as material,and still stipulates that evidence must be verified before it can be used as the basis for deciding a case.Therefore,many scholars once again emphasize that authenticity is the fundamental attribute of evidence,rather than objectivity.Although the theory of evidence authenticity seems to be practical,it actually confuses the attribute of evidence ontology and the application of evidence at two different levels,which leads to the loss of objective basis for judges to make judgments based on evidence.At any time,the objectivity of evidence should be the fundamental attribute of evidence.Reinterpreting the objectivity of evidence with the fact information theory can scientifically overcome the defects of the traditional objectivity theory and make an effective "defense" for maintaining the objectivity of evidence.This thesis consists of five chapters: the first chapter is the introduction,expounding the research value of this thesis in theory and practice.The second chapter is the objectivity of evidence and its evolution to authenticity.Starting from the academic discussion on evidence attributes and the arguments about the objectivity and subjectivity of evidence,this thesis analyzes and demonstrates that objectivity is the first attribute of evidence.Then by analyzing the influence of different concepts of evidence on the attribute of evidence objectivity,this thesis expounds the process of the gradual evolution of objectivity into authenticity,and analyzes the focus of the debate between objectivity and authenticity.In the third chapter,the author analyzes the reasons for the rise of authenticity and its shortcomings.The fourth chapter first defines the meaning of objectivity and authenticity of evidence reasonably,and then analyzes the relationship between objectivity and authenticity,which is the unity of opposites.The connection between the two lies in the fact that they are based on objective evidence,while the difference lies in the fact that objectivity is the ontological attribute of evidence,and authenticity belongs to the level of evidence application.Chapter five takes the theoretical and practical advantages of evidence objectivity as the entry point,interprets the principle of judicial proof,clarifies the significance of evidence objectivity to the theoretical level of evidence law and the practical application level of evidence,and demonstrates the important role of evidence objectivity regression in the theory and judicial practice of evidence law in China.