The evolution of the construction of the evidence system of the people's courts and the challenges of the times
Evidence is the cornerstone of the rule of law,and the construction of the evidence system of the people's court is an important force to promote the development of the rule of law in our country.Since the reform and opening policy gets implemented,the construction of the evidence system of the people's court has undergone three stages:the subsidiary development period,the incomplete independence period,and the exploration towards complete independence period.The law directing the development of the evidence system is mainly reflected in the following three aspects:simultaneous development of the systematic norms and specialized norms,judicial needs driven construction of the evidence system,and bilateral interaction between the national evidence system and local evidence system.However,there are still some theoretical obstacles in the construction of the evidence system of the people's court.For example,the consensus has not been reached in the understanding of the theoretical system of evidence law,the theoretical basis of evidence law,and the connotation of nature of evidence.Still evidence that does not conform to the legitimate types of evidence cannot be admissible.In addition,the continuous application of new technologies in the digital era has brought new challenges to the construction of the evidence system of the people's court,including the challenge to the principle of direct speech caused by the online litigation,the departure from the principle of centralized trial caused by the asynchronous trial,the risk of unreliable evidential reasoning when big data analysis is used,and multiple disparities existed in electronic data evidence.
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