In the first stage, God's evidence system, some of which are called God's judgments. At the end of primitive society, slave society and the beginning of feudal society, the level of productivity was low, which was suitable for the accusation (impeachment) litigation system at that time, and "divine revelation" became the earliest original evidence system in human history. The main feature is to judge the merits of the lawsuit by the revelation of God. Its methods include burning iron, cooking soup, dueling, drawing lots, divination and so on. Believing in God and fearing God are the remarkable characteristics of the evidence system of divine revelation.
The second stage is the legal evidence system, also known as the formal evidence system. In feudal society, the legal evidence system became a common evidence system, which was suitable for the inquisitorial litigation system at that time. The main feature is that the formal rules such as the collection, reliability and probative force of evidence are mechanically stipulated by law in advance, and it is not necessary to analyze and judge the true situation of the evidence itself. Just do mechanical calculation according to the percentage of the reliability of all kinds of evidence stipulated by law. Evidence can be divided into four categories: complete, incomplete, incomplete and mostly complete. Several pieces of incomplete evidence add up to a complete evidence. The defendant's confession, whether it is an automatic confession or a confession by torture, can be used as long as it is made by himself.
In the feudal society of China, the way of litigation was mainly the presiding judge, supplemented by the legal evidence system of extorting confessions by torture. The conditions, procedures and tools of extorting a confession by torture are stipulated by law, and the tools of torture are usually "sticks" with legal norms. The legal evidence system requires more thoughtful forms of evidence, which limits the arbitrariness of the presiding judge to a certain extent, and is a great progress compared with the testimony system. However, this false image of objectivity and justice generally legalizes the terrorist means of presumption of guilt and confession.
The third stage, the free evaluation system, also known as the evaluation system. In capitalist society, the system of free evaluation of evidence replaces the legal evidence system prevailing in feudal society and is suitable for the system of debating litigation. The law does not mechanically stipulate the standard, reliability and probative force of evidence collection in advance. Judges can judge and find out the facts freely through their inner conviction according to the trial situation of the case, combined with legal literacy, court experience and psychological conscience. The principle of free evaluation of evidence was first adopted by the French Constitutional Assembly in 179 1 and written into the Criminal Procedure Law in 1808. Since then, it has been widely adopted by civil law countries and is still valid today. Some countries set some restrictions on the formation of free evaluation of evidence. There is no such term as free evaluation of evidence (or inner conviction) in common law countries, but in fact, the principle of combining formal evidence rules formed by a series of precedents with free evaluation of evidence is implemented. The Beiyang government and the Republic of China government also adopted the principle of free evaluation of evidence. The system of free evaluation of evidence embodies the humanitarian spirit and the principle of equality before the law, strengthens the right of defense against the right of prosecution, is democratic and civilized, and meets the requirements of procedural justice and substantive justice. But the quality of the referee is higher. Otherwise, it will provide a legal basis for arbitrary "inner conviction."
Evidence system and litigation system have a long history, but there are still many theoretical and practical problems that are difficult to solve. Especially in the socialist market economy environment after China's entry into WTO, the issue of administrative evidence is a very thorny new topic. The Supreme People's Court's Provisions on Several Issues of Evidence in Administrative Litigation does not adopt the legal evidence system, but prefers the free evaluation of evidence system. However, this kind of free evaluation of evidence is not arbitrary, but adopts modern theoretical research results and WTO's modern concept of rule of law and due process, and stipulates relatively perfect and strict rules as a guarantee. This evidence principle of combining modern free evaluation with predetermined rules is undoubtedly the evidence principle of industrial and commercial administrative law enforcement.
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