Research On Types Of Criminal Evidence

The category of criminal evidence is the concept and system in the traditional theory of criminal evidence in China.At the stage of transformation from "evidence science" to "evidence law," the phenomenon of "two skins" in the theory and practice of criminal evidence types is prominent in our country,and the function of restricting the qualification of evidence by evidence types is useless.In response,the academic community proposed to abolish the legislative style of evidence types explicitly stipulated in the legislation and to use the concept of "three points of evidence" in standard law system or the concept of introducing evidence methods in civil law system countries as the basis for the classification of evidence types.Different from most countermeasures research,although this article focuses on "the system of criminal evidence types," it is not limited to the types of criminal evidence.However,through the research on the types of criminal evidence and relevant criminal evidence rules,it re-examines and thinks about the status and function of the system of criminal evidence types from the overall perspective of evidence law theory.This article,through to the actual questions of the criminal evidence type system as well as the theory flaw elaboration,through the comparison two big legal systems legal evidence type stipulation and the evidence law theory,discovered and summarized two big legal systems of evidence type legislation style and the function.Clarifying the restriction on the types of evidence in the civil law system only works under the strict proof rule,and the function of restricting the qualification of evidence will dispel in the transformation of evidence theory.This function is a misunderstanding of the strict proof rule in the civil law system countries.On the other hand,the misunderstanding of three types of evidence in the Anglo-American law system makes it a lack of theoretical basis and practical experience to learn from the practices of the Anglo-American law system countries to improve the types of criminal evidence in China.Finally,by reflecting on the function of the criminal evidence type system,it is found that the elimination of evidence type restriction and the emphasis on distinguishing the application of evidence rules are the inevitable development trend of the criminal evidence type system in the evidence transformation.It is an inevitable trend for the development of China’s criminal evidence category system to abolish the legislative style that explicitly stipulates the types of evidence,to build a system of evidence categories with evidence rules as the core,and to strengthen the guiding function of distinguishing the types of evidence and the application of evidence rules.The focus of the research on the types of criminal evidence has shifted from the form of evidence(types of evidence)to the rules of evidence,which is the only way to realize the transformation from "evidence science" to "evidence law" from legislation to theory.