Referee Principle Of Evidence Research

As a basic principle of Evidence law and even procedural law, the principle of evidentiary adjudication (PEA), called "evidentiary adjudication doctrine" by Taiwan experts, means that the establishing the facts of cases must base on evidence. In Japan, the research on the PEA is established on the provision of the 317th clause of Japanese Criminal Procedure Law "establishing facts must depend on the evidence."PEA is belong to a historical category. The way the early human society judge the facts of the cases is according to gods' will without evidentiary adjudication. This period is regarded as ex-evidentiary adjudication period or none-evidentiary adjudication period. As the awakening of denying gods' will and human's rationality, gods' will retreated from the historical stage gradually. An unprecedented style of proof of justice "confirm fact following fact" comes to birth which is known as evidentiary adjudication. Since there are many kinds of discrepancy between medieval and modern times among procedural mode, value, destination, the view of human right, the history of evidentiary adjudication can be separated into "classical evidentiary adjudication age" and "modern evidentiary adjudication age".The theoretic basis of PEA consists of Philosophy, Jurisprudence and the procedural law. The rationalism in philosophy demands that the cognition of human viewing objects should be objective, stable instead of being impulsive and blind. PEA is very a rational way of judgement that finds the facts basing on proof. As a type of realism of epistemology, the dialectical materialism epistemology can illustrate accurately that human's cognition deepens from perceptual knowledge to rationality during the process of evidentiary adjudication. PEA can as wellreflect the demands for finding facts and judging cases of the that legal core values such as order, justice, efficiency on the legal value theory of Jurisprudence. The sense of justice in the theory of procedural law guarantees the legitimacy of evidentiary adjudication; The procedural epistemology is actually the reflecting of philosophy epistemology upon the procedure which tells us comparing with the common activity of cognition, evidentiary adjudication is a particular historical knowledge.The connotation of PEA is generous. With the developing of the times, PEA's focus has been transfer from the historical significance to the standardization. Modern PEA originates from the area of criminal procedural, applied to civil procedural law and administrative procedural law at the same. PEA demands the judges establish facts of cases only with the evidence but other things. The evidence establishing the fact must be the ones fitting the attribute of the evidence consisting of objectivity, relevance, legality. The fact under PEA can be categorize into the fact as the basis of judging and the fact that need to be testified by the evidence. The PEA, the proving duty and the proving standard come together to constitute the necessary and sufficient conditions of finding the facts of the cases. There are few exceptions among the three procedural laws, but these exceptions do not affect it to be the basic principle. PEA and another basic principle, the principle of the free-proof, are looking to interact and form the cornerstone of evidence law.PEA has great and far-reaching significance: first of all, it is the watershed of the barbaric and civilization, ignorance and science, irrationality and rationality. As a double-edged sword, it provides the significance and the content of the lawsuit. Thirdly, it limits the discretion of the judges and avoids subjective judgment; at last, there are comprehensive referring and response for the basic area of procedural theory. Furthermore, the system of justice independence, public trial, noting judgment reason and the litigation relief mechanism come to form the security of PEA.Anglo-American legal system and continental legal system admit and embody the PEA in terms of abundant ways during the process of the procedure, just existing some differences in form and request. Chinese legislation especially the judicial interpretations of supreme count has already established the PEA.what the research areas longing for solving next is how to deepen the understanding of the essence and combining the Chinese legal environment domestic and abroad with the common and personality of the problem of the evidence,besides fix up the PEA during the process of the amendment among the three procedural law. From the start of the evidence, fact, proving, proving duty, proof standard and safeguard mechanism we will perfect the research of PEA.