The Security Mechanism Of The Principle Of Evidentiary Adjudication In China’s Criminal Procedural System

The principle of evidentiary adjudication (PEA), the primary mean of whichmeans in the procedure of the lawsuit, the fact must be found based on evidencewhich is the only means. It is the fundamental principle widely recognized inmodern procedure.Just because base on the procedural system as a whole, PEA can be a rationalguarantee to make the adjudication accurate and just. In other words, only if theprocedural system itself could safeguard the principle of evidentiary adjudicationsystem, then PEA is capable of assuring the result of the procedure, known asadjudication. However, considering the overall aspects of our country’s criminalprocedural system, we can see some barriers to PEA in legislation and judicature aswell.From an angle of connection of procedure, the author firstly analyzes thepractical and substantive barriers to PEA during our country’s criminal trial, focusingon the legislation’s barriers and system’s limitations, then putting forward some ideason how to perfect evidence rules, build the procedural guarantee, optimize authoritydistribution in criminal action. The author wishes this essay can be conducive to thebuilding of rational criminal procedural system in China.