现行证据法定形式批判

我国的证据法定形式只有八种,诉讼中证据只能以这八种法定形式存在,不能再包括其他任何形式的证据。这样的证据法定形式存在三个深层次问题：一是证据法定形式呈现封闭性,很多证据无法归入八种限定的法定形式;二是法定证据定义阙如,各证据法定形式内涵外延不确定;三是证据法定形式划分标准混乱,各证据法定形式相互交叉叠床架屋。这种不合理的立法规定导致了司法实践中证据法定形式形同虚设。因此,对现行的证据法定形式进行批判,着力解决上述三个问题,是非常必要的。

Criticism of the Existing Legal Forms of Evidence

The legal forms of evidence in China consist of only eight forms.According to the proceeding laws of china,evidences are only in the form of the eight legal forms,and are not in the form of any other forms,which is a typical one of closed-end legislative model.There are three problems,which exist in the legal evidences,as followed： firstly,the closed-end legislative model of legal evidence induce such a result that much of evidence does not fall into the eight legal forms.Secondly,the definition of the legal forms of evidence are lacked,at the same time,the connotation and denotation of them are uncertain.Thirdly,the criteria for the classification of the eight legal forms are confusion,which result in several overlaps between the eight legal forms.With the reason of unreasonable legislation,the legal forms of evidence in the judicial practice exist in name only.It is very necessary for us to animadvert on the system of legal evidence of china and try to solve the three problems.