中国古代的证据制度及其特点

中国古代司法的证据主要分为七种,但存在证据制度上的先天不足,表现在与西方重神判的宗教传统不同,中国审判重人判,重视口供与刑讯逼供的采用等。与西方法律相比较,中国古代的证据制度内容比较简单,加上证据采集手段的简单粗糙,官员注重自由心证,导致刑讯逼供频繁,冤假错案时有发生,证据制度应有的功能与作用发挥得并不充分。

Evidence System and its Features in Ancient China

In ancient Chinese judicatory,there were mainly seven kinds of evidence,but the system was congenitally deficient.Different from the Western religious tradition which paid more attention on divine judgment,in ancient China they emphasized on human judgment and adopted the methods of extorting a confession by torture.Compared to Western law,the evidence system in ancient China was much simpler.Moreover,because the evidence-collection procedures were very rough and the officers emphasized on free mental evidence,many unjust,false and wrong cases occurred frequently.The evidence system's function was not exerted sufficiently.