Rethinking Evidence Law

The study of evidence law in China is progressing along two main paths: the first focuses on the basic categories and principles of evidence law, while the second involves the analysis and construction of specific evidence law systems.Rethinking Evidence Law,by Zheng Fei, deputy dean and associate professor from the Law School at Beijing Jiaotong University, belongs to the former.

From the content of the book, it is clear that this represents an ambitious and academically idealistic work on evidence law, which is evident in the following three aspects.

Firstly, the author strives to return to the academic traditions of evidence law. The book begins by analyzing the rationalist tradition and the individual rights tradition within criminal evidence law. While the rationalist tradition, foundational to modern evidence law, is well-known among researchers, the individual rights tradition may be less familiar. Zheng carefully clarifies the individual rights tradition and explains how both the rationalist and individual rights traditions constitute the common principles for the development of contemporary criminal evidence law. Afterwards, he outlines the academic ideas of Wigmore, a prominent figure in Anglo-American evidence law. This scholarly effort to revisit the knowledge tradition of evidence law, focusing on the evolution of criminal evidence law, contributes to advancing research on the fundamental theories in evidence law.

Secondly, Zheng attempts to reshape the knowledge framework of evidence law. Fundamental questions such as “what is evidence law?” and “what is the function of evidence law?” are central to defining the boundaries of the discipline. The author reflects on various disciplinary terms such as “evidence,” “evidence law,” “evidence science,” and “new evidence,” proposing an integrated theoretical system of evidence science to advance the foundational theoretical research in evidence law. The book also addresses evidence law as a risk control mechanism, evidence law based on rights protection, and the incentivizing functions of evidence law, highlighting new trends and directions of study in the field.

Thirdly, the author aspires towards the innovation of specific content within evidence law. Chinese evidence law faces multiple challenges, including how to understand fundamental concepts such as truth, evidence, and fact-finding within a transformative social context, as well as grappling with specific issues like the nature of evidence and the complexities of scientific and digital evidence. In addition, Zheng offers a thorough and systematic examination of the hierarchical nature of evidence attributes, proposing a Chinese-style “tripartite method” (the competency of evidence, the basis of decision, and probative forces), for reshaping the evidence rules system in China. This proposal has become a representative viewpoint in the study of evidence attributes in China.

Feng Junwei is a professor from the School of Law at Shandong University.