Civil Evidence Law: Codification Research: Codification Research

Author: Chen Jierong
Publisher:
Publish Date: 2003-07-01
Features: Evidence law is a crucial institutional guarantee for judicial fairness. In a country like ours, which lacks a tradition of evidence culture and has not developed evidence-based logical thinking habits in modern jurisprudence, questions such as what kind of evidence law should be formulated, how it should be coordinated with procedural and substantive laws, how its content system should be structured, and how the content and legislative rationale of each provision should be determined are not only of common concern to scholars and legal professionals but also the key issues this book focuses on. This book analyzes and reveals some institutional-level issues in the application of evidence in China's judicial adjudications, aiming to "get a clear picture of the situation." It rationally critiques several institutional flaws in the Supreme People's Court's "Provisions on Several Issues Concerning Civil Procedure Evidence," providing a basis for "taking the good and leaving the bad" when drafting evidence law. Based on comparative studies of foreign evidence law systems and legislative examples, it formulates several rules that are relatively aligned with or capable of developing China's evidence culture and thinking habits, achieving "making the foreign serve the Chinese." Furthermore, it conducts theoretical and practical analyses of each provision in the author's draft evidence law. These analyses include both theoretical discussions on evidence law and reminders about the lack of scientificity in the application of evidence in judicial practice. Most importantly, this draft will play a role in theoretically innovating the structural framework of China's evidence law theory system. It is believed that in the near future, a work on evidence law based on this system will be published.