Rethinking Of The Theoretical Basis For The Law Of Evidence

The basis of evidence law is the premise and fundamental problem. This paper is divided into four chapters to explore this matter。Chapter I is on the existing controversial issues. old Jurists advocate the theory of the legal proceedings, as a public awareness campaign and The ultimate goal is to apply this understanding evidence, the facts of the case to identify objective truth. thus lay the foundation for the correct application of substantive legal standards. And the use of evidence in court, as a key activity, of course, is such an important part of awareness activities. For this reason, the theory of dialectical theory of the system as one of the important guiding ideology. as evidence of the important theoretical basis. A new breed of (radical) jurists advocate the theory of value. Value : that the evidence surrounding the use of the activities are conducted for the purpose of resolving disputes interests, Despite the recognition process which includes, but not only equivalent to the awareness campaign. There is a balanced compromise the value of epistemology and theory advocated both viewpoints. On the basis of evidence that the double : one based on the theory of epistemology, another theory is based on the law of value and balance. Choice Theory. Writing for a description of some of the basic concepts in the paper.In the chapter II ,the writer try to explain in the philosophy view of the traditional "epistemology" and the radical "theory of value" and the double basis theory. The methodology is not in the traditional sense of epistemology, and it is not truly reflected in methodology. demonstrated knowledge is not a reflection of the value of human awareness. In a sense, but it is a "value" and the only difference is that it is a "unified theory of value." For those who value a critical value theory is the starting point for the sins they gave epistemology, as a prerequisite, Value could lead to the law of evidence regarding the definition is limited to "apply the law of evidence." But even if limited to "apply the law of evidence," no reliable evidence "to prove that activity is not an awareness campaign." Later several of the explanations to explain sin "epistemology" (or even simply a "theory of value" in the sense of "epistemology" ) is not a culprit, the real reason is the lack of multiple values.Chapter III is on the view of the author. First, I boldly asked, the law of evidence, the theoretical basis of indisputable authenticity, as a philosophical question that the issue is true, Law is as false. The question seemed to strive to become not epistemology and theory of value, but "the simple value " and "value pluralism." Theoretical basis of the law of evidence in the debate, the eyes of those who value "knowledge" is "aimed at understanding the facts of the case" epistemology. This sense of the word "theory" is the core concept of "simple value," which is precisely the Such "simple value " in almost all those who participate in the debate there openly with the "theory of value" ,made a sub-item compatible logic wrong, the consequences will inevitably lead to understanding chaos. The author argues that the theory of the law of evidence is only theoretical basis. From a philosophical level, the basic content knowledge theory of value must sticks, pool; In the area of the law of evidence. "objective reality" justice should be the ultimate goal. Objective truth is the purpose of criminal proceedings, it is difficult to achieve the ultimate value; The law is the true means and standard. The real objective is to achieve operational standards. Next to the article on the value halfheartedly explored issues of epistemology. That the value of the Evidence Act, there are at least four basic value is the value of that order, personal freedom, fairness and efficiency. on the law of evidence should be cherished by the diverse rather than one yuan. I think the next part of the "advanced ideas of justice," the recruitment should be based on the realities of our country, from the public into consideration. Western values and our traditional values are diametrically opposite tendencies. Western individualism and the values of happiness constitutes great architecture. In our tradition, a group of less than personal attachment to the independence, individuality is less than the publicity, , "the justice," advocates of individual rights should be weaker than the overall interests of the play. Finally, I just procedural and substantive exploration of the relationship between justice "epistemology" ways to achieve. Entities justice and procedural justice is not polarized, in the new "knowledge" under the guidance entity at least equal justice and procedural justice, the balance within the Republican won unification. Entities constitute a common justice and procedural justice "harmony and justice" is a legal person of the moment. Entities of the dialectical unity justice and procedural justice, as advocated in this paper is the "epistemological" issue in society.