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Review on the Textbook Framework of Chinese Criminal Evidence Law

 

Abstract: Since the year 1979 when the Chinese criminal procedural law was promulgated, the textbook framework of the Chinese criminal evidence law has been through three stages. The present most popular framework is the one of “three parts”, namely the “outline-evidence-proof”, which dispels the independence of other two parts in the past framework, namely the history and procedure of evidence, and regards the twin concepts evidence and proof as basic. However, this framework does not meet the basic problem of evidence law science, as how to prove the facts at issue using evidence, based on its negligence on the legal sources of evidence. The new “proof as single part” framework may focus on the probable value and is in need of further research.

 

 

Key Words: textbook framework of the Chinese criminal evidence law,  “three parts” framework, features, defects


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