2006•Journal of Shanxi Police AcademyRequires access

Rediscussion on the Relativity of Evidence——Taking the Objectivity and Legality into Account

Daohua Zhu

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Abstract

There are great disputes in law circle on the attributes of the evidence.Some think that the basic characteristics of the evidence are objectivity,legality and relativity;some think that the evidence has two characteristics,namely objectivity and relativity.The objectivity embodies the philosophic existence of the evidence and it provides the epistemology for people to know and hold the relativity.The legality puts forward the procedural request for people to collect and preserve the evidence.Under some special conditions,the evidence that unobjectivity and illegality still can be used,so the relevancy of the evidence is the sole characteristic of the evidence.

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What this paper is about

There are great disputes in law circle on the attributes of the evidence.Some think that the basic characteristics of the evidence are objectivity,legality and relativity;some think that the evidence has two characteristics,namely objectivity and relativity.The objectivity embodies the philosophic existence of the evidence and it provides the epistemology for people to know and hold the relativity.The legality puts forward the procedural request for people to collect and preserve the evidence.Under some special conditions,the evidence that unobjectivity and illegality still can be used,so the relevancy of the evidence is the sole characteristic of the evidence.

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Available abstract

There are great disputes in law circle on the attributes of the evidence.Some think that the basic characteristics of the evidence are objectivity,legality and relativity;some think that the evidence has two characteristics,namely objectivity and relativity.The objectivity embodies the philosophic existence of the evidence and it provides the epistemology for people to know and hold the relativity.The legality puts forward the procedural request for people to collect and preserve the evidence.Under some special conditions,the evidence that unobjectivity and illegality still can be used,so the relevancy of the evidence is the sole characteristic of the evidence.

Key concepts: Objectivity (philosophy), Principle of legality, Theory of relativity, Epistemology, Law, Philosophy, Psychology, Political science

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