On The Relevance Of Evidence And The Improvement Of Its System

In the basic theory of procedural law,evidence should have three attributes: objectivity,relevance and legality.At the same time,as the evidence to prove the facts of the case,it has become an academic consensus that the evidence must be relevant to the facts to be proved.There are three attributes of evidence in general.Once an evidence has no correlation with the facts to be proved,it will lose its qualification as evidence because it has no function in proving the facts to be proved,and the judgment of legality and objectivity will also lose its value.Thus,only relevance is the essential attribute that evidence must have at any stage.Anglo-American law attaches great importance to the relevance of evidence,taking it not only as the basis for excluding evidence,but also as the criterion for admissibility of evidence.And the legal science research on this question is very weak in our country,legislation is neither a clear definition of meaning for the relevance of evidence,there is no specific correlation rules,the evidence for the correlation legislation lags behind,and in the strength of evidence to the fact that related,influence factors and using evidence to the fact that major theoretical problems,such as the research is blank,which seriously hinder the understanding of the basic nature and function of evidence science and evidence in the perfection of our country correlation system.In addition,the traditional functions and powers doctrine lawsuit mode no longer able to adapt to the development of litigation activities,in order to fully reflect the dominant position of parties in the lawsuit activity,needs to change the traditional pattern of litigation evidence in order to ensure that get apply association rule,which provide guidance to the judge and the parties concerned,embody the importance of evidence relevance in practice.Based on the double requirements of theory and judicial practice,this article through to the concept of evidence attribute,correlation is the essential attribute of evidence,and clearly define the basic meaning of "relevance",summarizes the problems existing in the current evidence correlation system in China mainly include,we define the concept,the character evidence and other similar matters,and special situations such as the lack of regulation,lack of judge’s discretion to restrict,proof and evidence ability along with fourproblems,such as.Based on the analysis on the cause of the problem,draw lessons from foreign experience of theory and judicial practice,at the same time,combining with the judicial present situation in our country,corresponding evidence from speeds up the correlation legislation,perfecting the specific matters,the reasonable limit judge discretion and reinforces the evidence and evidence ability from four aspects to perfect our measures of evidence related to the system.