The legalism of evidence types is the logical starting point of the system of legal proofs in the civil law system.However,due to the historical and political logic changes of the times,the structural changes of the procedure operating environment,and the deepening development of the basic principles of evidence law,the legalism of evidence types has been abandoned in the civil law system and gradually evolved from the legal restriction of evidence types to the restriction of the legality of obtaining evidence.The legislative expression of the Chinese legalism of evidence types is a system of statutory evidence types with closure,and its institutional motivation is to facilitate and standardize the classification review and judgment of evidence.In practice,we mistake'the restriction of the legality of obtaining evidence'and'real reliability restriction'as'the legal restriction of evidence types',which have some core dilemmas,such as not covering all types of evidence,not conforming to the basic principle of modern evidence law,and obstructing the realization of the function of the court epistemology.In the future,on the basis of negating the legalism of evidence types,it is necessary to strengthen the normalization function of statutory evidence types and maintain the system advantage of evidence classification review judgment,so as to reconstruct a substance review and judgment system of semi-open enumeration of evidence types in accordance with the basic principle of evidence law and the basic law of fact-finding.
NETL
NSTL
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