Evidence Law Case Studies and Explanations

Author: Qi Shujie / Wang Zhenzhi (Editor-in-Chief)
Publisher:
Publish Date: 2004-03-01
Features: This book is divided into 5 chapters, covering five aspects: the burden of proof, the collection of evidence, the time limit for presenting evidence and new evidence, and the review and determination of evidence in cross-examination. It collects more than 70 real cases and provides legal analysis and commentary on the handling of controversial points. This book serves as a university case textbook for law students to connect theory with practice, reflecting the latest judicial dynamics. Evidence is the means and method of proving and determining case facts. Evidence law is a part of the judicial system. Since the late 1980s, China's court system has carried out an extensive reform of trial methods. This far-reaching reform gradually unfolded by strengthening the burden of proof for parties. Since evidence is the core of the litigation system, reforms touching this core immediately had a "pulling one hair to move the whole body" effect, ultimately leading to a comprehensive reform of the trial system and even the entire judicial system. The task of the judiciary lies in maintaining and realizing social justice through the court's trial. Only by accurately ascertaining the facts of a case can the law be correctly applied and a just judgment be made. For this reason, countries around the world place great importance on the improvement of the evidence system. Common law countries often have specialized evidence laws, such as the U.S. Federal Rules of Evidence and the U.K. Civil Evidence Act. Civil law countries typically regulate the evidence system within their civil procedure laws. Compared to foreign countries, China's civil procedure laws provide overly simplistic and mostly principle-based provisions, lacking practical applicability. This has left judges without clear guidelines when reviewing and judging evidence, leading to inconsistent legal application and undermining judicial fairness and authority. To adapt to the context of judicial reform and China's entry into the WTO, and to ensure that courts exercise their trial power independently and justly according to law, the Supreme People's Court has formulated a series of judicial interpretation documents on the evidence system based on accumulated trial experience. Among them, the "Provisions on Evidence in Civil Litigation" took effect on April 1, 2002, and the "Provisions on Evidence in Administrative Litigation" took effect on October 1, 2002. The "Provisions on Evidence in Criminal Litigation" are currently under drafting. Practice has shown that the reform of the evidence system is a long and arduous task, requiring not only the establishment of a comprehensive set of evidence rules but also deeper judicial system reforms, a shift in societal litigation awareness, and coordination with relevant legal systems. The School of Law at Xiamen University has always been committed to China's judicial reform, emphasizing the integration of legal research and judicial practice, and cultivating students' ability to analyze and solve practical problems while enhancing their overall competence. To this end, we regularly organize students to conduct social surveys and immerse themselves in judicial practice, learning "law in books" alongside "law in action." For example, in the second half of 2002, we collaborated with the Xiamen Intermediate People's Court and Xiamen Tianheng Law Firm to conduct a large-scale judicial research survey on civil litigation evidence, which achieved significant results and received high praise from both the judiciary and academia. Many participating students gained knowledge, skills, and practical experience through the research. In June 2003, Professor Liu Jingwei, then Dean of the School of Law at Xiamen University, initiated the compilation of the "New Judicial Case Commentaries Series." I proposed to the editorial committee that the Evidence Law volume of the series be co-researched and written by the School of Law and the Quanzhou Intermediate People's Court. The leadership of the Quanzhou Intermediate People's Court strongly supported my suggestion, and it was decided that Wang Zhenzhi and I would serve as co-editors. In mid-August and early November, I led a team of five graduate students to the Quanzhou Intermediate People's Court for evidence law case research, receiving warm hospitality from the court leadership and judges. With the support and arrangement of the Quanzhou Intermediate People's Court leadership, I, along with Editor-in-Chief Wang Zhenzhi, led the research team of judges and graduate students to hold multiple symposiums in the Quanzhou Intermediate People's Court and grassroots courts such as the Jinjiang People's Court, Fengze District People's Court, and Nan'an People's Court, reviewing hundreds of typical case judgments from recent years, and collecting substantial materials. Based on these findings and key knowledge points of evidence law, we determined the structure and content of this book. Editor-in-Chief Wang Zhenzhi led the writing and preliminary review of the manuscript. After judges completed the initial drafts, graduate students Chen Yulin, Fang Xiaoyang, Chen Ying, Liu Liying, and Cheng Xiang, under my guidance, revised and supplemented the drafts. Finally, I revised and finalized the entire book. President Huang Yongmin of the Quanzhou Intermediate People's Court and Vice Presidents Luo Zhenlun, Huang Qiujie, Yang Jianming, Fan Meiqing, and Jiang Qilin have consistently shown concern and provided guidance throughout this research effort, frequently issuing documents and inquiring about progress. On behalf of the Xiamen University participants in the research, I extend my heartfelt gratitude. Our research also received the attention of leaders from grassroots courts in Quanzhou and active participation from judges such as Lin Mingrong, Wang Jianyuan, Huang Hairui, Lin Tianfa, and Fu Jiading of the Quanzhou Intermediate People's Court, as well as the enthusiastic assistance of Gu Qihong from the Quanzhou Branch of Industrial Bank. I sincerely thank all of them. Despite our efforts, due to the limitations of our knowledge and capabilities, there are inevitably shortcomings in this book. We welcome any criticism and corrections from the readers.