英文摘要 |
Nowadays, the expressions of evidence's attributes in proceedings in China include the ''three attributes theory'', the theory of evidence competence and probative force, and the theory of admissibility and relevance. Among the critiques on the ''three attributes theory'' in China, the theory of evidence competence and probative force is the most representative position. Nevertheless, the view that the theory of evidence competence and probative force originated from civil law countries is inaccurate. Besides, there are controversies on the definition of evidence competence in both domestic and overseas academia. The ''three attributes theory'' formed through decades of theoretical debates in China has deficiencies, such as not interpreting the ''legitimacy'' of evidence enough scientifically, narrowing the definition of ''relevance'', and failing to reflect the review process of evidence in proceedings. However, considering the fact that the theory of evidence competence and probative force basically shares similar meanings and difficulties with the ''three attributes theory'', China's expression on the attributes of evidence in proceedings should adhere to and develop the ''three attributes theory'' because the theory with distinct local characteristics has withstood the challenges of practice. |