| Unlike the modern evidence law taking competency of evidence as its core, the traditional Chinese evidence study does not focus on the competency of evidence. Rather, it puts emphasis on weight of evidence. In legal practice, judges call for and create the rules of weight, and put them into practice. Thus forms the image of the rules of weight in China. Judges hope to construct detailed rules of weight to solve the problems of proof and improve the accuracy and efficiency of judgment. The judicial authorities have a common view on the rules of weight and have enacted many new types of rules to alter the main format of the rules of weight. Particularly, there are also hidden rules, such as the rule of negative weight, the rule of degrading weight, the rule of corroborative weight, the rule of prior weight and the rule of presumptive weight, etc.Why do rules of weight remain vigorous in spite of strong criticism from scholars? The main reasons are as follows. The individual fact-finders long for rules to be relied on to avoid risks and get rid of improper interference. The courts take efforts to restrict trial discretion in fact finding and make it objective. And the traditional litigation culture which emphasizes weight of evidence shapes the rules of weight, which can be widely accepted by the parties. At the same time, the trial model centralized on the files and notes also yields the rules of weight. In brief, rule of weight is a necessary product of the current evidence law. Based on that, we should have a wide view and forward-looking perspective on this issue, rather than unprincipled compromise or criticism. We should take the strategy of pragmatism to find a way out.On the issue of weight of evidence, the academics lack subjective conscientiousness, while the legislation has embodied certain amount of subjectivity, especially in the field of legal practice. The emphasis on subjectivity is not equal to acceptance of the legal practice. The subjectivity in practice reminds us that we should not ignore the rules of weight as they are hard to control like undercurrent. By contrast, they are the power to decide the model of Chinese evidence law. Only through the insight on practice and control over undercurrent, can we truly understand the movement of Chinese evidence law. |
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