Rational Thinking on the Evidence Authenticity in Criminal Procedure ——On the Background of the New Criminal Procedure Law

Since the new criminal procedure law was enacted in 2012,the concept of evidence was redefined. The traditional theory of fact was replaced by the theory of material. Based on the new definition,evidence must be verified before being used in the lawsuit and the authenticity is still the essential property of evidence. Recalling the criticism about evidence authenticity by Prof. He Jiahong and analyzing the truth from the perspective of and moral certainty,we put forward a practical and rational of evidence authenticity which is deduced from a dynamic and time perspective. And this definition requires the relevant regulation of substantial law,and can provide reference for credibility in theory.