Principles of Evidence Law

Author: Gao Jiawei
Publisher:
Publish Date: 2004-09-01
Features: "The Draft of China's Evidence Law and the Legislative Reasons" project is a key research project of the Humanities and Social Sciences Research of the Ministry of Education. From the establishment, approval, and progress of the project, Professor Wang Liming, Vice Dean of the Law School of Renmin University of China and Director of the Center for Civil and Commercial Legal Science, has done a lot of organizational and leadership work, which is essential for the project's approval and successful completion. The project is led by Professor Jiang Wei, Honorary President of the China Society of Civil Procedure Law and Professor of the Law School of Renmin University of China. Under Professor Jiang Wei's leadership, the research team carried out the following work according to the research plan:
First, the research team investigated and collected materials such as the "Opinions on Several Issues of Evidence in Civil Proceedings" issued by the Higher People's Courts across the country, conducting specialized research on their implementation effects and existing problems. After the promulgation and implementation of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings," the research team conducted specialized studies on the content of the rules themselves, affirming the positive aspects while analyzing the problems. In drafting the evidence law draft, they ensured that it was adaptable and feasible.
Second, the research team actively collected and studied legislative examples of evidence laws from other countries and regions, conducting specialized research and analysis. They focused on the evidence culture background of each relevant country, the influence of these evidence law systems on evidence laws worldwide, and the possibility of China absorbing or introducing them, aiming to integrate foreign practices into China rather than simply copying them. At the same time, they analyzed and studied China's traditional evidence culture to determine what kind of evidence law modern Chinese society needs.
Third, based on the first two tasks, the research team organized specialists to study and argue the main content of the evidence law, and conducted case analyses of some problems in the application of evidence law systems in judicial adjudications. This helped understand the extent to which China's evidence law system is applied in judicial adjudications, the problems it needs to address, and some successful experiences.
Fourth, based on this foundation, the research team organized specialists to draft the evidence law draft, organized experts for specialized discussions and revisions, and closely cooperated with personnel from actual departments such as courts, procuratorates, and law firms. They separately listened to their opinions and suggestions on the content, system, chapter structure, and other aspects of the evidence law draft proposed by the research team. Through several seminars, consensus was reached on some basic evidence law system issues. For unresolved or highly controversial issues, further research was conducted, and this served as the basis for analysis and argumentation, finally resulting in the "Draft of China's Evidence Law and the Legislative Reasons."