Evidence law is a set of legal norms that regulates the use of evidence and the fact-finding.At present,the evidence provisions of the Criminal Procedure Law of China already have the basic elements and system structure of the modern criminal evidence system,but there are still two problems:old content and unbalanced structure.The method of'software upgrade'should be adopted in the revision of the Criminal Procedure Law,starting from the establishment of the logic concept with the principle of relevance as the main line and the value concept with the guarantee of basic rights as the orientation,and updating the concept of evidence to promote the development of modern criminal evidence system.At the system level,the system of production,cross-examination and deliberation should be improved to create conditions for the substantive requirements of the trial.At the rule level,it is necessary to improve the rules of the evidence exclusion,promote the structural change of Chinese criminal evidence law from the'outshining'legality to'prosperous'admissibility,implement the principle of direct speech or learn from the hearsay exclusion rule,and further improve the rule of illegal evidence exclusion.
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