Evidence Law

Author: Nie Fumao
Publisher:
Publish Date: 2005-06-01
Features: The content of this book is divided into three parts: the first part is the introduction; the second part is the evidence theory; the third part is the proof theory. The introduction includes two chapters: the first chapter is an overview of evidence law, primarily elaborating on the concept of evidence law, its research objects, the theoretical foundation of evidence law, the system of evidence law, and research methods in evidence law. The second chapter is the historical evolution of the evidence system. This chapter elaborates on the divine evidence system, the statutory evidence system, and the free heart-and-mind evidence system, respectively, conducting an in-depth analysis of their concepts and historical backgrounds. It provides an introduction to the basic rules of these systems in an accessible manner and offers objective evaluations from both positive and negative perspectives. The evidence theory includes Chapters 3 to 5, totaling three chapters. Chapter 3 is an overview of evidence, exploring the concept, basic attributes, and significance of evidence. Chapter 4 is on the types of evidence. This chapter analyzes and elaborates on the concepts, characteristics, classification, common manifestations, and practical significance of various statutory types of evidence, including physical evidence, documentary evidence, witness testimony, party statements, confessions and denials of suspects and defendants, expert opinions, records of inspections and examinations, on-site records, and audiovisual materials. Chapter 5 is the classification of evidence. The proof theory includes Chapters 6 to 14, totaling nine chapters. Chapter 6 is an overview of proof, which first analyzes the concept and characteristics of proof and clarifies the differences in proof among the three major litigation systems; second, it classifies proof; finally, this chapter also explores the significance of proof. Chapter 7 is on proof subjects and proof objects. Chapter 8 is on proof liability. Chapter 9 is on proof standards. The issue of proof standards is also a current hot topic. This chapter conducts a comparative study of the objective truth theory and the legal truth theory, and delves into the specific proof standards in the three major litigation systems. Chapter 10 is on the collection and preservation of evidence. Chapter 11 is on the examination-in-chief system, which focuses on a comparative study of the examination-in-chief models in common law and civil law countries, as well as an analysis of the provisions and shortcomings of the examination-in-chief system in China's litigation. Chapter 12 is on the certification system, which studies the concept, objects, and methods of certification. Chapter 13 is on presumptions and judicial knowledge. Chapter 14 is on evidence rules, which focuses on a detailed evaluation of major and evidence systems from abroad, followed by an analysis of the current state of evidence rules in China. It also explores and argues the necessity of establishing and improving China's evidence rule system, as well as the basic framework of the system.