| The principles of judicial proof refer to the inherent laws and theories of the evidence reasoning activities participated jointly by all subjects of proof. They aim to reveal the complex interactive relationships among subjects of proof, means of proof and objects of proof in the course of evidence reasoning. Without the thorough understanding of the principles of proof, we cannot reach reliable conclusions by mixed masses of evidence. At present, Chinese scholars have not paid close attention to the principles of proof yet, which has been attached on the research of evidence law in the forms of experiences and skills. As a matter of fact, judicial proof depends not only on perfect evidence law but also on scientific mechanism of fact-finding. Therefore, the research of the principles of proof is of great importance for us to solve the present dilemma of judicial proof.The current significant turn of Anglo-American evidence scholarship, namely the rise of the New Evidence Scholarship, has been largely ignored by Chinese scholars, whose research still focuses on the Anglo-American evidence rules. In recent decades, Anglo-American scholars have rediscovered Wigmore’s thoughts of science of judicial proof, and applied multidiscipline methods, such as mathematics, logics, psychology and so on, to explore the principles of proof, thus created a new interdisciplinary field. The main branches of NES include but are not limited to probability and proof, chart method of analysis, psychology and evidence, studies of discourse, legal argumentation and evidence, integrated science of evidence, artificial intelligence and proof, etc. Although the achievement of NES should not be underestimated, there are several defects within the research due to the background of adversary system and jury system.The thoughts of NES have offered domestic scholars beneficial enlightenment for the exploration of the principles of proof. However, we should critically absorb and draw lessons from their research results according to our national conditions. The object of our research is the reasoning mechanism in judicial proof, which is an area of interdiscipline. As a result of the significant differences of epistemology tradition, litigation system and judicial structure between the Anglo-American countries and China, we should choose a different path from Anglo-American scholars. |
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