Research on Evidence Methods and Admissibility (Volume 1 and 2)

Author: Luo Xiaoqi
Publisher:
Publish Date: 2006-07-01
Features: The British jurist, ethicist, and thinker Jeremy Bentham once said, "Evidence is the foundation of justice," and "the category of evidence is the category of knowledge." When we face judicial judgments, especially those of second-instance judgments, the phrase "the facts are clear; the law is correctly applied" may be the most frequently used. Whether we admit it or not, all legal procedures, whether judicial, administrative, disciplinary, or civil mediation and arbitration, notarization procedures, or even constitutional litigation and human rights litigation programs that domestic scholars are currently urging, must inevitably face both "determination of facts" and "application of law." They are indeed two different types of legal thinking and judgment. The former does not require a specialized expert; as long as the subject possesses the general (common sense) of a person, some experience rules, logic rules, and ethical rules, they will become an excellent fact judge. The latter, however, cannot be handled by non-professional legal practitioners unless they are highly skilled in their field. The current implementation of the judge professionalization operation in our country is one clear proof of this.