Judgement on Evidence Attribute ——Enlightenment on comparative law and law methodology
Xiao Jian-hua
Abstract
Xiao Jian-hua
Abstract
The three attribute(objectivity, relevancy and validity) of the evidence is one of the language centres of Chinese Evidence Law. But analyzing from the building of the procedure system and the law methodology, the objectivity of evidence cognizance demands that the relevancy should be the basic attribute. One of the aims of procedure is to eliminate the confusion of the true and false evidences to realize the case reality. Therefore, the litigation evidence in the proceeding may be not objective, and the validity requirement cannot be the nature of pervasive application, and it only indicates that in the meaning of methodology of statute law, it indirectly develops juncture of meaning with the problem of evidence attribute.
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The three attribute(objectivity, relevancy and validity) of the evidence is one of the language centres of Chinese Evidence Law. But analyzing from the building of the procedure system and the law methodology, the objectivity of evidence cognizance demands that the relevancy should be the basic attribute. One of the aims of procedure is to eliminate the confusion of the true and false evidences to realize the case reality. Therefore, the litigation evidence in the proceeding may be not objective, and the validity requirement cannot be the nature of pervasive application, and it only indicates that in the meaning of methodology of statute law, it indirectly develops juncture of meaning with the problem of evidence attribute.
Key concepts: Objectivity (philosophy), Judgement, Law, Confusion, Meaning (existential), Statute, Enlightenment, Philosophy of law