The concept of"competency of evidence"(Beweisfähigkeit/Zulässigkeit/证据能力/証拠能力())is uniquely developed by Japan.In Germany,"Beweisfähigkeit"does not equate to competency of evidence,and there isn't a corresponding concept in German law.Historical documents indicate that the German term"Beweiskraft",which refers to the strength of proof or probative value,and"Beweisfähigkeit",which denotes the document's objective validity,were incorrectly translated by Japan as competency of evidence,respectively in 1888 and 1902.This mix-up of the two terms led to the spread of misconceptions.The concept of"competency of evidence"was first introduced into Japanese criminal procedural law textbooks in 1910.This concept became widely known during the human rights movements in the 1920s when it incorporated the meaning of evidence qualification.The concept was systematically discussed in the early 1930s and further elaborated and enriched by Ryuichi Hirano in the 1950s from the perspective of Anglo-American law.Such use has continued till today.In the furture,it would be advisable for our country to gradually diminish the use of the concept of competency of evidence.We'd better adopt the concept of admissibility,and continue refining the study within the realm of evidence qualities.
Competency of evidenceProbative valueAdmissibilityEvidence qualitiesEvidence qualification
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