Research On The System Of "a Verdict Can't Base On Isolated Evidence"

“a verdict can't base on isolated evidence” is an important concept in the field of litigation in China,and it is widely used in judicial practice.Although it is not established as the rule of evidence,it does not prevent it from gaining universal recognition.Although it has been a judicial rule servicing in practice for many years,but no official or scholars try to research to this practice,it is very worthy of study.Some scholars believe that "a verdict can't base on isolated evidence" is only the Chinese “Rule of Corroborative”,so there is no need for independent research.Some believe that "a verdict can't base on isolated evidence" is just a quantity rule,which is the inevitable appearance of the practice according to the evidence,which is not discussed.There is also a view that although the practice department is regarded as the golden rule of the "a verdict can't base on isolated evidence",it is only a summary of the experience of the judges over the years,and its accuracy is still not be determined.But no one can explain what is ”a verdict can't base on isolated evidence" and where it is coming so that why it can be popular in judicial practice.As to what is the theoretical foundation are the mysteries that remain to be solved.The judge is only concerned with the fact but don't know the judicial logic would make a legal joke.In fact,“a verdict can't base on isolated evidence” is known in People from allwalks of life.It is related to the Chinese traditional value concept of judical.But its operation logic is not yet clear,the rules of evidence system has not been built,so in practice are unadequate.We should clarify these problems about "a verdict can't base on isolated evidence" that who it is,where it comes and where it will go,for the function of ”a verdict can't base on isolated evidence” can be maxim.The research is mainly composed of four major sectors:The first part is mainly to answer the question of "who it is" and where it comes.the social different levels of people have different opinion of “a verdict can't base on isolated evidence” so that we get the necessity of research and analysis.we search for the theoretical direction from the historical and logical.Against the opposite of “a verdict can't base on isolated evidence” we can find a trace about the development of it.It appears in two thousand years ago,through the test of practice,already be the traditional theory of evidence system in our country,reflects the humanistic value of the Chinese,is one of the evidence rules to represent the Chinese characteristic.It is differernt with other rules from western.At the end of this part,we from the name of “a verdict can't base on isolated evidence” to explain its connotation.In the second section,we analyze the realistic value of “a verdict can't base on isolated evidence” from three dimensions of law,sociology and economics.From the dimension of law analysis,“a verdict can't base on isolated evidence” can eliminate the evidence of force is not properly set in advance.From the dimension of sociology analysis,it can explain ” how to make people know the judicial,participate in judicial and trust the judical”.The economic dimension explains how to strike a balance between fairness and efficiency.Through the use of filtering function,it reduces the case of insufficient evidence to enter litigation.Finally,the strategy clock model is used to explain why the rule of “a verdict can't base on isolated evidence” is the best choice in the process of quality and efficiency.Third sector,“a verdict can't base on isolated evidence” is contrast with several kinds of evidence rules which is similiarly and illustrate the advantage of “a verdict can't base on isolated evidence”.“a verdict can't base on isolated evidence” ismore extensive on the scope of application than “rule of corroborative”.And the "best evidence rule" emphasizes the form of evidence,which has not been ued in the case logic.”The preponderance of evidence” explains the principle of the proof standard which has been absorbed in,“a verdict can't base on isolated evidence”.Under the guidance of these rules,“a verdict can't base on isolated evidence”set up the main structure.The fourth section puts “a verdict can't base on isolated evidence” into the current evidence system so as to connect with the litigation pattern.It uses the "whole model" to understand the probative force of evidence;On proof standard,“a verdict can't base on isolated evidence” will distinguish a yellow line with the red and green to achieve different facts use different proof standard.On the use of the burden of proof,“a verdict can't base on isolated evidence” emphasizes the subjective burden of proof towards objective fact.Finally,“a verdict can't base on isolated evidence” is not back to legal evidence doctrine,but into a new legal evidence that the judge discretion as the core and the legal rules of evidence will be negative.In the end of the article,we discuss what may need to be paid attention to in practice.Judicial should distinguish the evidence of litigant's statement.And “a verdict can't base on isolated evidence” should mixed with proceedings harmoniously.In the future,“a verdict can't base on isolated evidence” will die out with the time of the system of whole discretional evaluation coming.