Criminal Certification Rules

The cardinal principle of the Criminal Suit in our China is "to take the facts as the basis and the law as the yardstick", which has, however, received a one-sided interpretation for a long time — "facts" has been misunderstood as the objective reality. This is not true because a case happened in the past could not happen again due to the irreversibility of time. In this sense, the objective reality of a case itself needs to be proved with the help of evidence. That is to say, confirmation of a fact should be based on the evidence. Therefore, evidence is the kernel of the Criminal Suit. Actually, the whole process of the Criminal Suit, in a way, is to confirm the fact of a case by collecting, preserving, investigating, and utilizing the evidence. But, the Law of Evidence in our China now is far from being advanced. Those rules scattered in various procedural laws are difficult to be manipulated because they are too abstract and principled.The Law of Evidence covers a lot, which could be seen from the legislation of those countries having followed the English or American law system and drawn up the Code of Evidence. Among those related to evidence, confirmation of it is the core, i.e. the correctness of confirmation plays the most important role in handling a case. Thus, the kernel of the Law of Evidence is nothing but the Rule of Confirmation. To draft those rules suitable for our country in order to standardize the confirmation of evidence has become the vital matter of immediate urgency.The thesis holds that we should familiarize both advantages and disadvantages in utilizing foreign laws and observe the cultural and legalsituations of our country in order to draft the rules to confirm evidence in China. Absorbing good points while discarding the bad ones, we should be daring enough to blaze new trails but integrate ourselves with practice. With the increasing two-way absorption between the two law systems and the deepened revolution of the judicial system in our China, it has become ripe for us to take (critical absorb) the advanced civilization of laws throughout the whole world. The priority in outlining the system of the rules of evidence is to draw up and perfect the Rule of Confirmation.The Rule is decided by both the mode and the content of confirmation, and it is closely related to the properties of evidence. Not only the three major properties of evidence constitute the criteria of confirmation, but judgment of the three also concretely manifest its content. In addition, the three properties of evidence could lead to many rules of confirmation and the Rule of Illegal Elimination of Evidence is the logical deduction of the legality of evidence. From the aspect of relevance of evidence, such rules as the Rule of Relevant Evidence and the Rule of Character evidence should be drafted; while from the respect of factuality, those rules like the Rule of Hearsay Evidence, the Rule of Suggestion Evidence, and the Rule of the Best Evidence should be drawn up, too.