Constructing a scientific evidence system in the further revision of the Criminal Procedure Law
Provisions regarding evidence in China's Criminal Procedure Law are not only limited in numbers,but also lacking completeness and scientific nature.The forthcoming fourth revision of the Criminal Procedure Law should be guided by the goal of satisfying the need of reality and draw attention on multiplying the number of evidence provisions,improving the evidence system,and enhancing the scientific nature and operational ability of evidence provisions.The concept of evidence should be modified,the legal types of evidence should be limited and kept open,and the system of preservation of criminal evidence should be introduced.The principle of presumption of innocence,the principle of evidence-based adjudication,the principle of free evaluation of evidence,and the principle of direct oral testimony should be established.The rules of hearsay,the rules of privilege,the rules of expert opinion,the rules of confrontation,the rules of authentication,and the rules of objection should also be added.At the same time,the proof standard of"sufficient evidence"in criminal conviction should be replaced by the standard of"beyond a reasonable doubt".The distinction should be drawn between strict proof and free proof when the matters that need be proved are different.The distinction between presumption and inference should be clarified,and the presumption of guilt should be limited to specific matters and subject to law.Explicit provisions should also be made to regulate well-known facts and judicial notice,among other things.
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