Theory of Admissibility (A Study from the Perspective of Civil Litigation)

Author: Ji Gefei
Publisher:
Publish Date: 2005-05-01
Features: Admissibility is a significant category 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 evidence. Common law countries primarily regulate the issue of evidentiary admissibility through separate evidence legislation, adopting a static perspective. Civil law countries generally do not have separate evidence legislation, but for the purpose of restricting judges' discretion, they also establish provisions regarding the qualifications of evidence as the basis for judges' subjective assessments from a dynamic perspective. The author of this book believes that China's evidence admissibility rule system mainly consists of two parts: static rules of admissibility and dynamic rules of admissibility. The static rules revolve around relevance as their core, including relevance rules, interpretations of relevance, exclusion rules, and confidentiality privilege rules. The dynamic rules are the main part of the evidence admissibility rule system, relying on procedural law to regulate the admissibility of evidence from the aspects of the subject's qualifications, methods, and timing for presenting evidence.