Theory of Admissibility: A Study from the Perspective of Civil Litigation

Author: Ji Gefei
Publisher:
Publish Date: 2005-05-01
Features: Admissibility is a crucial concept in the field of evidence law. It represents the minimum requirement for extrajudicial evidence to enter the litigation process and become admissible as evidence in court, reflecting the legal characteristics of evidentiary material. Common law jurisdictions primarily regulate the issue of evidentiary admissibility through separate evidence legislation, focusing on it from a static perspective. Civil law jurisdictions generally lack separate evidence legislation, but for the purpose of curbing judicial discretion, they have also established provisions regarding the qualifications of evidence as the basis for judicial belief from a dynamic perspective. The author of this book argues that the system of evidentiary admissibility rules in China mainly consists of two parts: static rules of admissibility and dynamic rules of admissibility. Static rules revolve around relevance as their core, including the relevance rule, interpretations of relevance, exclusionary rules, and confidentiality privilege rules. Dynamic rules are the main component of the evidentiary admissibility rule system. They are grounded in procedural law and regulate the admissibility of evidence in terms of the qualifications, methods, and timing of its submission.