| The paper opines the present Chinese legal stipulation of the 8 kinds of evidence lacks its basis. Among the 8 kinds of evidence, only the material evidence and the documentary evidence are independent. The others, including testimony of the witness, the statement of the victim, and the confession and defense of a suspect or defendant, are actually only the varieties of the human testimony, which is paralleled with material evidence and documentary evidence. The on-site investigation record of examination and result of identification are essentially not evidence itself but the documents reflecting the material evidence. The video&audio documents are not a single matter, rather consist of four components, only one of which belongs to documentary evidence. Based on the analysis, the paper considers there are only 3 kinds of evidences, which are material evidence, documentary evidence and human testimony. All the evidences are composed of facts. Facts can be taken as the evidence only when they are objective existence; or they are recorded on paper; or they are witnessed by people. So the 3 kinds of facts can only form 3 kinds of evidences. Correspondingly, there are 3 ways by which the judicialpersons acquire evidence: seeking real evidence, seeking document, and seeking witness. |
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