On the Construction of Admissibility-centered Criminal Evidence Rules
The core content of the existing criminal evidence rules in China is the examination of probative value of evidence.To enhance the court's ability to discover the truth,promote the trial-centered reform,and improve the operability of the rules,the core content of the criminal evidence rules should be shifted from probative value to the qualification of evidence,that is,the admissibility of evidence.The rules of admissibility mainly include the rules of relevance,character evidence rules,hearsay rules,opinion evidence rules,and authentication rules,which are traditionally considered to enhance the precision of fact-finding.The rules of admissibility also include the privilege rules,the exclusionary rules for illegally obtained evidence and other rules set up for specific policy objectives.The rules of relevance,opinion evidence rules,the privilege rules,and authentication rules have been established in China.Although there is no explicit provision of the character evidence rule,it is regulated based on the rules of relevance in practice.However,the hearsay rule has not been established.To achieve the transition from rules centered on probative value to rules centered on admissibility,it is necessary to improve relevant evidence rules and the privilege rules,and to introduce character evidence rules,hearsay evidence rules,and the exclusionary rule of the statements made by suspects and defendants during the process of plea negotiation when the plea bargaining agreement is withdrawn.
Criminal Evidence RulesProbative Value CentrismQualification of EvidenceAdmissibility Centrism
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维普
