Reconstructing the"Evidence Chapter"in the Revision of the Criminal Procedure Law:Taking Civil Law Countries'experience as reference
The development of China's criminal evidence laws follows the gradual revision of the Criminal Procedure Law.Currently,the legislation of China's criminal evidence laws follows the civil law system legislation tradition.Without setting an independent criminal evidence code,criminal evidence laws are integrated into the overall framework of the Criminal Procedure Law.Compared with France,Germany,and Italy,which apply the same legislative model of the civil law system,China's criminal evidence laws maintain a notable lack of coherence and systematic structure.Under the influence of inquisitorial system,the criminal evidence legislation in the three European countries,with the incorporation of local environments,have their own characteristics.By examining the legislative frameworks of criminal evidence laws in the three jurisdictions,this paper aims to probes the reconstruction of China's"Evidence Chapter"in the legislative model of non-codification.This paper shall be a valuable contribution to the heated debates on the structural framework of criminal evidence laws in the context of the ongoing revision of the Criminal Procedural Law.
Criminal evidence lawsCivil law systemEvidence chapterInquisitorial systemRevision of the Criminal Procedure Law
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