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Frontiers of Law in China

ISSN 1673-3428

ISSN 1673-3541(Online)

CN 11-5742/D

Postal Subscription Code 80-981

Front. Law China    2018, Vol. 13 Issue (1) : 6-20    https://doi.org/10.3868/s050-007-018-0002-3
Orginal Article
RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”
ZHANG Baosheng1(), YANG Ping2()
1. School of Law, Renmin University of China, Beijing, China; Professor of the Collaborative Innovation Center for Judicial Civilization and the Key Laboratory of Evidence Science, China University of Political Science and Law, Beijing 100088, China.
2. candidate in Procedural Law, Institute of Evidence Law and Forensic Science & Collaborative Innovation Center for Judicial Civilization, China University of Political Science and Law, Beijing,China; Staff member at China Academy of Discipline Inspection and Supervision, Beijing 100087, China.
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Abstract

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.

Keywords relevancy      mirror of evidence      statutory proof doctrine      system of free proof      provisions of procedural evidence of the People’s Court     
Issue Date: 23 April 2018
 Cite this article:   
ZHANG Baosheng,YANG Ping. RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”[J]. Front. Law China, 2018, 13(1): 6-20.
 URL:  
https://academic.hep.com.cn/flc/EN/10.3868/s050-007-018-0002-3
https://academic.hep.com.cn/flc/EN/Y2018/V13/I1/6
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