Since the initiation of China’s opening-up policy in 1978, the “objective evidence theory” has long been dominant in China’s legal academia and practice, which has not only accounted for the deficiencies in our evidence theories and evidence system, but also has brought about negative consequences to judicial practice. However, a trend of transformation from previous obstinate adherence to the “objective evidence theory” to an increasing focus on the “relevance theory” in Chinese evidence theories and system has been witnessed since the year 1996, thanks to a combination of the driving forces, including an increasing exposure of the fallacies of the “objective evidence theory”, the establishment of the principle of presumption of innocence and that of adjudication by evidence, the reform towards a trial-centered criminal procedural system, a rising popularity in China of the Common evidence law,and great progress made in the building of the discipline of the law of evidence. To advance the completion of the transformation, the meaning of “relevance” should be specified by legislation or guiding cases to well guide judicial practice and academic research, a more systemic set of evidence rules and theories with relevance as the logic thread should be constructed.
阳平. 从客观性到相关性:中国证据法学四十年回顾与展望[J]. 浙江工商大学学报, 2018, 32(6): 118-130.
YANG Ping. From Evidence Objectivity to Relevance: the Development and Implications of the Law of Evidence in China during the Year 1978-2018. Journal of Zhejing Gongshang University, 2018, 32(6): 118-130.