Three natures
The "three characteristics" of evidence refer to the authenticity, legality, and relevance of evidence, which are the core content of cross-examination activities in China's judicial practice.
The three types of evidence are the prerequisite thresholds for admissibility:
LegitimacyDeciding whether evidence can enter litigation is the core requirement for evidentiary admissibility;
Authenticity (objectivity), ensuring the objectivity and reliability of evidence is the foundation of evidentiary value;
RelevanceEnsuring that evidence is logically connected to the facts to be proven is the prerequisite for admissibility of evidence.
Two forces
Evidentiary capacity, also known as evidentiary qualification, refers to the qualifications and conditions that a piece of evidence must possess to serve as the basis for determining the facts of a case. It depends on whether the evidence meets legal requirements; if the evidence collection procedure is illegal or does not meet legal requirements, the evidence loses its admissibility.
Probative power, also known as evidentiary value, refers to the strength and magnitude of evidence in proving the facts of a case, reflecting whether the evidence has a proving effect on the case and the degree of proof. The evidentiary value of evidence is influenced by various factors, including its source and how closely it is related to the case.
The relationship between the two
The three attributes of evidence are dialectically unified with the power and evidentiary power; they do not exist in isolation but are interdependent and mutually influential. Legitimacy is the foundation of evidentiary value, authenticity is the source of evidentiary power, and relevance is the bridge connecting evidence and case facts. Evidentiary power ensures that evidence can enter the litigation process, while evidentiary power determines the actual role of evidence in the case. When handling cases, legal professionals must accurately grasp the relationship between these three elements and two forces to ensure the accuracy and effectiveness of evidence application. The underlying logic of the three attributes of evidence and the relationship between the two forces is a major issue in judicial practice. It not only concerns the accuracy of case facts but also directly affects judicial fairness, efficiency, and social impact. |
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