RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

ZHANG Baosheng; YANG Ping

doi:10.3868/s050-007-018-0002-3

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Front. Law China ›› 2018, Vol. 13 ›› Issue (1) : 6-20. DOI: 10.3868/s050-007-018-0002-3

Orginal Article

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

ZHANG Baosheng¹ ,
YANG Ping²

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Abstract

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.

Keywords

relevancy / mirror of evidence / statutory proof doctrine / system of free proof / provisions of procedural evidence of the People’s Court

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ZHANG Baosheng, YANG Ping. RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”. Front. Law China, 2018, 13(1): 6‒20 https://doi.org/10.3868/s050-007-018-0002-3