On The Structural Attributes Of Evidence In Criminal Proceedings In The Chinese Contex

In China,whether in judicial practice or theoretical research,the attribute of evidence has always been a topic of great interest for jurists.However,due to various reasons,the content of evidence attributes is diverse and there are some differences in the evidence attributes advocated by different scholars.In the research,scholars have used various methods of evidence attribute analysis,such as hierarchical analysis,typing,and so on.Most scholars use a single analytical method to analyze the evidence attribute,which has limited results and different analytical methods have different results.If relevant evidence attribute analysis methods are combined,comprehensive analysis of evidence attributes may provide a way to maximize the inclusion and evaluation of existing evidence attributes in China,thereby affirming the research results of different scholars on evidence attributes.In this process,evidence attributes can be classified into evidence structure attributes and evidence element attributes based on a certain standard type,and then analyzed based on the evidence structure attributes.When conducting an analysis using the evidence structure attribute as the main framework,limiting the evidence structure attribute to the Chinese context can make the analysis results more applicable to China.When layering the attributes of evidence elements within the framework of evidence structure attributes,the content of evidence structure attributes is embodied through relevant evidence element attributes,so as to include and evaluate the existing research results of evidence attributes in China.If the content of relevance varies at different levels,study the relevance reflected in evidence ability when analyzing evidence ability,and study the relevance reflected in proof ability when analyzing proof ability.In the above process,combining relevant knowledge of procedural law,flexible use of evidence attributes and combined analysis of homogeneous evidence attributes can ultimately maximize the inclusion and evaluation of existing domestic evidence attributes in a reasonable manner.Combining the application of evidence attribute analysis methods and focusing on the structural attributes of evidence can not only reasonably affirm the existing research results on evidence attributes in China in a logical way,but also affirm the rationality of the existence of evidence attributes themselves.This is a very effective and should be advocated analysis method.