Draft of the Evidence Law of China (Proposal) and Explanatory Notes on Legislation

Author: Jiang Wei
Publisher:
Publish Date: 2004-01-01
Features: The research project "Draft of the Evidence Law of China (Proposal) and Legislative Reasons," was a major research project approved by the Key Research Base of Humanities and Social Sciences under the Ministry of Education—the Center for Civil and Commercial Law Studies of China. The applicant was Professor Jiang Wei, with project approval number: 01JAZJD820010. Since its approval in 2001, the project was led and supervised by Professor Wang Liming, Director of the Center for Civil and Commercial Law Studies of China and Deputy Dean of the Law School of Renmin University of China, and Professor Jiang Wei, Honorary President of the Society of Civil Procedure Law and Dean of the Law School of Renmin University of China. Experts from the legal community, including scholars, judges, prosecutors, and lawyers, were invited to participate in the project over three years through several seminars such as the Fenghuangling Conference, Tianjin Conference, Guangzhou Conference, Huairou Conference, and Beijing Conference. Ultimately, the "Draft of the Evidence Law of China" (Proposal) was formed, and in accordance with the requirements of the research project, the "Draft of the Evidence Law of China (Proposal) and Legislative Reasons" was written. The "Draft of the Evidence Law of China (Proposal) and Legislative Reasons" summarizes the latest achievements in evidence law research in recent years, analyzes the current evidence legal system in China, as well as the experiences and lessons learned from its application in judicial practice. Based on research into the fundamental theories of evidence law, it extensively draws on evidence legal systems from domestic and international sources, as well as from Taiwan, Hong Kong, and Macao Special Administrative Regions, adopting a comparative law perspective. Combining China's evidence legal traditions with current realities, it establishes new evidence concepts and principles, proposes models and content choices for evidence legislation in China. It can be said that this work represents a review of evidence law teaching and research in China. It not only lays the theoretical foundation for the discipline of evidence law but also provides a theoretical basis and model for the future drafting of the "Evidence Law of the People's Republic of China" by the legislative body.
This book is centered on the "Draft of the Evidence Law of China" (Proposal) and provides theoretical explanations for each provision. The book is divided into five parts, examining important rules of evidence law from different perspectives, including rules on evidence methods, admissibility, burden of proof distribution, judicial knowledge, presumptions, admissions, proof obstruction, apparent proof, and evidence evaluation, as well as rules on the standard of proof. These sections include both theoretical analysis of evidence law, the construction of the discipline's system, and the narration of evidence law paradigms and their justifications.