What are the disadvantages of the statutory evidence system?

The statutory evidence system has the following shortcomings: first, the statutory evidence is not necessarily true. Second, the statutory evidence may be one-sided and incomplete. Third, it is possible that the statutory evidence has also been falsified.

The disadvantage of the statutory evidence system is that, under many conditions, if no relevant evidence can be provided, then all arguments are not valid.

This one of the disadvantages is that it can lead to itself, if there is no guarantee in this contract or other aspects, it means that this cannot be used as evidence.

Its disadvantage is that it is sometimes too rigid and mechanical, and it is difficult to characterize some cases where the evidence is not particularly sufficient.

The evidence system of the law has certain advantages and disadvantages, after all, who adduces evidence, who reports the case, who adduces evidence, and in this case, if some people have no way to present evidence in this evidence, there will be food for reporting the case.

The disadvantage of the statutory evidence system data is that it may be contrary to the objective facts, because the system is dead, and the situation is complicated.

What are the characteristics of the statutory evidence system? Of course, it has the disadvantage of tracking with perfect characteristics, and only the characteristics of enforcement according to law.

In China, the evidence shall prevail strictly in accordance with the law, unless there are special circumstances such as the absence of express provisions in the law.

The statutory system relies on procedures to determine the three characteristics of evidence, which is of a rule-based nature. Relying on procedural certainty excludes the possibility of abuse of judges' discretion.

Then his disadvantage should be that there are some things that will be more one-sided, and a little thing is a bit conventional.

What do I think are the disadvantages of the statutory evidence system? There are no drawbacks, and it should be said that a statutory evidentiary system is a must. Maybe I don't understand your criticism. I can't answer that question.

Statutory evidence. He is an impartial law enforcer, lacking a kind of person. Uh, affectionate. Heart.

The problem with this system is that there is too much emphasis on this evidence, but sometimes the evidence should be treated that way.

What are the drawbacks? I feel that the disadvantage of the legal system is that some people will focus on loopholes.

The evidence system has a loophole and shortcomings, which need to be remedied.

Where the statutory evidence system is lacking is the lack of sufficient witnesses and evidence.

The legal evidence system has certain shortcomings because it has not been thoroughly perfected in this regard.

The characteristics of the statutory evidence system are that there are laws to follow, laws must be followed, and law enforcement must be strict.

In many of my systems, he pays attention to evidence, and when dealing with many issues, he can let the evidence come.

Because of the word evidence, many things can be physical evidence, and they cannot be physical evidence.

What are the shortcomings of the statutory evidence system, I don't think there are many shortcomings that he should have, and under normal circumstances, the statutory evidence system has been repeated. It will be determined after discussion, so there should be no shortcomings.

What are the characteristics of the statutory evidence system? The legal evidence system is the legal evidence system, and it must meet the legal conditions in order to make it evidence.

There are disadvantages and advantages, but the laws are constantly improving.

The statutory evidence system is effective and has a certain degree of timeliness of directly related evidence.

What are the shortcomings of this institutional sentence, but there is no disadvantage in issuing legal evidence, but it is not legal evidence that has shortcomings. Which of my shortcomings is it?

If the evidence system is sometimes flawed, we should look at it in the long run.

The system of statutory evidence is characterized by accuracy, comprehensiveness and legal specificity.

He must pay attention to the evidence in this case, and this is his disadvantage, although it is also an advantage.

There should be some recommendations in the statutory evidence system, which should be, after all, sometimes you can't judge this**, this should be some autumn rules of this evidence, so you should notice it early.

If you have this system, then you must understand what he means, because normally, this is still more important.

The shortcoming of the statutory evidence system, my sunrise, he certainly doesn't have a loophole.

Legal Analysis: The Main Characteristics of the Statutory Evidence System: 1. Extorting confessions by torture is the basic method of proof in the statutory evidence system, and it is a legal way to obtain evidence.

2. Some practices of the statutory evidence system, such as preventing judges from being arbitrary, are also of considerable reasonable significance. 3. The statutory evidence system has the characteristics of hierarchy. 4. The statutory evidence system has the characteristics of formalism, and the legal pre-emptive force stipulates the probative force and judgment rules of various evidences.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) the parties' statements; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

The new Criminal Procedure Law changes Article 42 to Article 48 and amends it to read: All materials that can be used to prove the facts of a case are evidence. Evidence includes:

1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications by criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict. The evidence has three characteristics:

1.Objectivity, evidence is objectively existing factual material. It cannot be a subjective reasoning judgment.

Case-handling personnel cannot require witnesses, suspects, or defendants to make statements in accordance with the case-handlers' subjective judgment. The statements of suspects, defendants, or witnesses must not be distorted or one-sided. It is not possible to collect and present evidence of the defendant's guilt and not present evidence favorable to the defendant.

Confessions and testimony obtained by coercion or inducement cannot be used as evidence. The conclusions of the reasoning cannot be used as evidence. 2.

Relevance, the fact that the evidence proves must be related to the conviction and sentencing of the suspect or defendant. Facts that are not relevant to conviction and sentencing are not considered evidence. 3.

Legitimacy, the way in which evidence is collected must be legal. The evidence presented by one party must be cross-examined by the other party in order to be legitimate. Evidence that has not been verified as true cannot be used as the basis for a verdict.

The presentation of evidence must be lawful.

Article 63 of the Civil Procedure Law of the People's Republic of China provides that evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence of repentance; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 50 of the Criminal Procedure Law of the People's Republic of China is evidence that can be used to prove the facts of a case. Evidence includes: (1) physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (5) Confessions and justifications by criminal suspects or defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, identifications, investigative experiments, and so forth; (8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

Hello, I'm glad for your question, for the question that in the statutory evidence system, the adjudicator is not free to judge the evidence, and can only mechanically determine the facts of the case in accordance with the evidentiary standards prescribed by law. The main content of the statutory evidence system is prominently reflected in the pre-provisions of the law on the probative force of various types of evidence. Specifically, there are the following three requirements for proof: First, the legality of the certification classification.

The law stipulates in advance the probative force of various kinds of evidence and the rules for judging evidence, and the function of judges is to mechanically calculate the amount of evidence and the probative force of evidence according to the pre-set of the law, and determine the facts of the case accordingly, which limits the arbitrariness and arbitrariness of Judge Sisheng in judging evidence and its probative force. Second, the legality of the probative force of evidence. The law does not prescribe the probative force of various types of evidence, and the provisions on probative force are also determined according to the form, not according to the actual circumstances of the evidence.

First, the defendant's confession is considered to be the most valuable and complete evidence, which plays a decisive role in the verdict of the case and the fate of the defendant. Second, formal provisions are also made on the validity of documentary evidence, such as whether it is an original or a copy, whether it is an official document or a private document, etc.; Third, there are many formal rules for witness testimony, such as two typical witness testimony constitutes complete evidence, if there are several reliable witnesses, I hope the above content will be helpful to you

Legal Analysis: Statutory evidence is also known as formal evidence. It is a metaphysical system of evidence.

It means that in litigation, the law prescribes the probative force of the evidence, and the judge must judge the evidence and determine the facts mechanically according to the law, rather than according to his own understanding. According to the theory of statutory evidence, evidence is divided into complete evidence and incomplete evidence in law.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 63: Evidence includes:

1) Statements of the parties;

(2) documentary evidence; 3) Pickpocketing certificates;

(4) audio-visual materials;

(5) Electronic data;

(6) Witness testimony;

(7) Appraisal opinions;

(8) Inquest records. Evidence must be verified as true before it can be used as a basis for determining facts.

The statutory evidence system is an evidence system in which the law prescribes the probative force of various types of evidence and the rules for judging evidence according to the different forms of evidence, and judges must make judgments accordingly. Its basic connotation refers to the fact that the probative force of all evidence and the selection and use of evidence are clearly stipulated by the law in advance, and judges only need to passively and mechanically calculate the probative force of evidence and the provisions of the judgment rules in accordance with the provisions of the law in litigation and determine the facts of the case on this basis, but have no right to freely judge the evidence according to their own understanding and thinking. To a large extent, the rise of the statutory evidence system is closely related to the arbitrary justice caused by the judicial power in pursuit of the substantive truth of the case after the decline of the divine judgment.

In the statutory evidence system, adjudicators cannot freely judge evidence, but can only mechanically determine the facts of the case in accordance with the evidentiary standards prescribed by law. The main content of the statutory evidence system is prominently reflected in the pre-provisions of the law on the probative force of various types of evidence. First, to prove the legality of the classification.

The law stipulates in advance the probative force of various kinds of evidence and the rules for judging evidence, and the function of judges is to mechanically calculate the amount of evidence and the probative force of evidence according to the pre-set of the law, and determine the facts of the case accordingly, which limits the arbitrariness and arbitrariness of judges in judging evidence and its probative force. Second, the legality of the probative force of evidence. The law not only prescribes the probative force of various types of evidence, but also stipulates that the probative force is determined according to the form, not according to the actual circumstances of the evidence.

First, the defendant's confession is considered to be the most valuable and complete evidence, which plays a decisive role in the verdict of the case and the fate of the defendant; Second, formal provisions are also made on the validity of documentary evidence, such as whether it is an original or a copy, whether it is an official document or a private document, etc.; Third, there are also many formal rules for witness testimony, for example, the testimony of two typical witnesses constitutes complete evidence, and if the testimony of several credible witnesses contradicts each other, the testimony of the majority of witnesses will be used to determine the facts of the case. Third, the hierarchical nature of the evidence. The provisions on the probative force of evidence in the statutory evidence system are obviously affected by the privileges of the feudal hierarchy, which is mainly reflected in the provisions on the probative power of testimony.

For example, in 1875, the "Complete Book of Laws of the Russian Empire" recorded that when there is a contradiction in the testimony of several witnesses of different status or gender, the probative force of the testimony should be determined according to the status of the witness, the gender of the man or woman, etc. It is usually the testimony of high-ranking men, monks, and scholars who are admitted.

Fourth, extorting confessions by torture is the basic method of proof in the statutory evidence system and a legal way to obtain a defendant's confession. Confessions are the main basis for conviction, and in order to obtain confessions, the torture of defendants and witnesses is justified.

All facts proving the true circumstances of a case in accordance with article 42 of the Criminal Law are evidence. There are the following seven types of evidence: (1) physical and documentary evidence;

2) witness testimony;

3) Victim statements;

4) Confessions and justifications of criminal suspects or defendants;

5) Appraisal conclusions;

6) Records of inquests and inspections;

7) Audio-visual materials.

The above evidence must be verified to be true before it can be used as the basis for a verdict. Article 48 of the newly revised Criminal Procedure Law stipulates that "all materials that can be used to prove the facts of a case are evidence." Of course, the evidence provided will be different for different criminal cases, so if you have specific needs, you can call for consultation or interview with a lawyer in person.