On the foreign evidence in the history of evolution - of legal evidence

Paper Keywords: Foreign Evidence history of legal evidence
Abstract: the form of legal evidence, also known as evidence system is the legal basis for a variety of different forms of evidence, its probative force of the size and how to review the use of pre-judgment and expressly provided, the judge hearing the case ruling must be made accordingly, and not free to judge and use of pre-clear, the judge hearing the case ruling must be made accordingly, and not free to choose a judge and evidence system. This system only requires the judge evidence of mechanical application of the Law recognized the merits of the rules prescribed, and no need to consider the case of the true situation.

First, the concept of legal evidence
The form of legal evidence, also known as evidence system is the legal basis for a variety of different forms of evidence, its probative force of the size and how to review the use of pre-judgment and expressly provided, the judge hearing the case must make a decision accordingly, and not free to judge and the use of pre-clear, the judge hearing the case ruling must be made accordingly, and not free to choose a judge and evidence system. This system only requires the judge evidence of the use of mechanical rules of Law finds the facts of the case without the need to consider the case the real story.

Institutional theory of legal evidence to admit defeat, and each has certain characteristics of the evidence, its probative force in all cases are constant, so the Law can be predetermined strength of the evidence. Judge for all types of cases, as long as strict accordance with the provisions of the Law the use of evidence to be able to accurately identify cases of the case and cut correctly, this will help prevent the subjective good at breaking the judge. In this proof system, judges in adjudicating cases, process, analyze and judge the case without the evidence in the actual process and the probative force of their size, their only duty is by Law the reliability of a prescribed percentage of all the evidence, mechanical calculation and evaluation of the evidence case, and the facts of the case accordingly.

Second, the legal system of the historical conditions of the evidence
Enter the feudal autocratic monarchy in Europe after a period, a new adaptation of the political system requires evidence that the system of legal evidence instead of divinity evidence. Of legal evidence that flourished in Europe in the 16th century to the 18th century era of absolute monarchy in Germany, Austria, Russia and other countries until the late 19th century and still practiced in legal evidence. The earliest evidence of the provisions of this code is the representation of the system in 1532, the Holy Roman Empire <<Gallo Linus code>>, 1853 <<Austria criminal Procedure>> and 1957 <<Russian Empire and regulations book>> and so on. At the same time period, the United Kingdom, because of their national history and traditions are unique, although the evidence system also has many elements of formalism, but did not form a strict sense of legal evidence.

System of legal evidence and the political system of the feudal autocratic monarchy inquisitorial proceedings in the form of the product. Absolute monarchy is a feature of the political centralization of state power, strengthening of social control. Correspondingly, during the absolute monarchy in Europe, Ji Q replacement of the impeachment-style action-style litigation forms. the so-called inquisitorial form of action is that the judiciary for criminal cases, not wait for someone denounce, to carry out prosecution, trial, criminal suspects are held only by the object of torture is not the subject of proceedings , does not enjoy the right to rebut the defense complaints, and proceedings are not open to the public. inquisitorial proceedings in the form, regardless of whether the victim against the judiciary has the right to take the initiative to investigate crime, and the trial judge set the right to sue in one. the defendant the obligation to bear the confession of the accused by torture is a legal procedure. It is clear that this form of action greatly enhanced the country's judicial power. in the case, the traditional divinity evidence can not meet the needs of the ruling class, there must be evidence of a new system to replace the divinity evidence. Meanwhile, the legal system requires evidence that the judge must be absolutely in accordance with the law provisions on the evidence of force to identify the case and applicable law, the abolition of the judge's discretion, which makes the feudal monarchy system can effectively control such evidence, judicial power, to meet the needs of absolute monarchy and centralized.

Third, the characteristics of the system of legal evidence
1, pre-law provides for various strength of the evidence and determine the rules of evidence. This is the system of legal evidence of a major feature. In accordance with prevailing codes and evidence theory, the evidence is divided into perfect and imperfect or complete and incomplete. complete or perfect law of evidence is that the full facts of the case, according to identify conclusive evidence, evidence of incomplete or imperfect required by the law of its probative force is not sufficient enough to identify case evidence.

2, the law of evidence and judge the evidence of probative force of the provisions of regulations, primarily in the form of the evidence, rather than the specific content of the evidence. On the testimony of witnesses, the probative force of the provisions of legal evidence that the two typical testimony of witnesses, should be seen as evidence of complete and perfect. The so-called typical witness is not related to each other between the two men, with full credit and a good quality, both on the statements made by the same facts of the case. a reliable witness testimony, counted as a half pieces of evidence. When several reliable witnesses, conflicting testimony, the testimony of witnesses, according to judge the merits of the majority. Meanwhile, almost all of the code are that all the evidence the defendant's confession is the most valuable and most complete evidence, Regardless of the specific details of how the confession the defendant. On the probative force of the provisions of documentary evidence, the evidence also reflects the legal formalism of the system features. For example, the documentary evidence only official documents, the original so it has great probative force.


3, the defendant is to obtain confessions by torture - "the king of evidence" generally used in legal way. Torture is the inquisitorial system of procedure and evidence of the important features of the legal. Because the defendant's confession was considered all the evidence most valuable and the most complete evidence, ruling on the case and the defendant's fate played a decisive role, therefore, in judicial practice, investigators and judges will do everything possible to stop at nothing to obtain the defendant's confession, torture will a feudal society, national criminal procedure commonly used method. for the content of interrogation of the accused, procedures, methods, etc., when many of the codes have been clearly defined.

4, the prevalence of feudal hierarchy and privilege. Evidence in the statutory system, the feudal privileged class is very popular. In the testimony of witnesses, the probative force of the provisions, this feature was particularly prominent.

5, the law judge on the evidence that the effort is to review the provisions of rules of evidence to determine the basis of absolute evidence. Of legal evidence on the strength of the evidence are absolute, the judge in determining evidence of force, without any initiative can only mechanically according to the evidence that the force of law to calculate, or add the evidence of several imperfect into a perfect evidence. the absurdity of this approach is to use mathematical methods to solve quantitative analysis of qualitative analysis of the field review is to determine the evidence the problem is obviously a strong manifestation of the metaphysical way of thinking. Links to free download http://www.hi138.com four papers, the legal rules of evidence, where appropriate, the system
System of legal evidence that the evidence of each force size, in all cases is the same. Therefore, we can not consider the case itself and the various specific characteristics of each evidence, but only in the form of the evidence, according to evidence external characteristics, pre-law provisions in the various strength of the evidence and determine the rules of evidence, the judge only mechanically determined in accordance with case law, handling cases. At the time of the feudal autocratic countries, the European Code of litigation, the judicial practice Several often the main evidence used are specified in the proof of their ability to judge and review the rules.

1, the defendant's confession. For the defendant's confession, whether the accused confessed their own initiative, or torture, and almost all countries of the Codex is considered the most complete evidence is "evidence of the King", but never Pi Guren Kougong consider whether the cases the objective reality. As the testimony the defendant as the legal system is based on the evidence, so for how such evidence, the law has made many specific formal requirements and regulations.

2, the testimony of witnesses. On the probative force of the testimony of witnesses, the law made provisions formalism, mainly: two typical witnesses can be seen as completely reliable evidence, the testimony of a reliable witness, is only half full evidence.

3, the documentary evidence. The law of documentary evidence of probative force of the size of specific provisions, such as a copy of documentary evidence that there is no proof of the original force, public and private instruments of proof than proof of the instrument of writing ability.

The legal system not only provides evidence of various strength of the evidence, but also specify how certain types of cases, evidence of a final decision. In the provision of evidence and strength of the evidence, but also provides evidence for the judge to determine the issue in the review of the duties. Law Xianzhi analysis of the judge strength of the evidence, nor does it require to determine whether the evidence to prove its authenticity of the case, asking the judge only mechanical requirements by law to identify a variety of strength of the evidence, evidence that the force calculation of the size or amount of evidence how much, and do not allow judges to determine according to their own opinion review of the evidence. can be seen in the review process to judge the evidence, the judges have no initiative.

Fifth, the evaluation of legal evidence
Evidence is to adapt the legal system of centralized political needs of the feudal monarchy established. In the early feudal society, feudal lords all over the separatist regime in the state and the closed door, they have their own judiciary and the legal proceedings, there is no uniform nationwide administration of justice organizations and the litigation system. to end this situation, strengthening centralized rule, feudal class in the establishment of centralized feudal state, but also the progressive unification of the country's system of judicial organization and litigation, the legal system as evidence of an important part of the litigation system, to adapt to the historical development of society at that time, will review the evidence to determine not to give judges the power, but given the law, that is clearly defined by law all strength of the evidence and apply the rules, thus ending the feudal regime, the use of evidence all the chaos.


And has a profound religious judges and judicial duel god compared to the legal system, although the evidence itself is not science, but it is after all more of the embodiment of human reason and wisdom is the result of human social progress. This improvement mainly reflected In: legal evidence system requires judges to be probative force of evidence by law to determine the predetermined rules of evidence to hear the case, help eliminate the confusion in the use of evidence in the state, thereby effectively limiting the judge's judicial arbitrariness. Moreover, the legal evidence system on the divinity evidence of the denial of human objective world cognitive development results, people using the evidence of experience in the law reflected. of legal evidence that some provisions, such as on the documentary evidence of the original, a copy of proof requirements , to a certain extent, reflect some of the characteristics of documentary evidence and use of documentary evidence of experience. This is compared with the divinity evidence, get rid of the evidence in the use of religious superstition, and so obey the law, is a big step forward.

Although from an objective perspective, the legal evidence of the progress the system has a certain significance, but the legal proof system is built based on the theory of metaphysics. It the external characteristics of the material as evidence of the universality of the laws of the inner and out of the case circumstances, the judge ignored evidence in the review to determine the subjective initiative, detailed form of law, the specific provisions of the judges must follow the rules of the use of evidence to the judge's hands and feet bound to make it difficult for them from the objective reality, to expose and investigate out the facts of cases. In the specific content of the system of legal evidence, although also contains some valuable practical experience, has a certain rationality, but of legal evidence confused these specific experiences, unconditionally regarded as general guidelines, used in all cases, which makes the truth in the metaphysical way of thinking into the fallacy of. Links http://www.hi138.com Research Papers Download