A Trail to Modernity: Observations on the New Developments of China's Evidence Legislation Movement in a Global Context

Indiana Journal of Global Legal Studies Vol. 21, No. 2 (Summer 2014), pp. 683-705

25 Pages Posted: 27 Nov 2018

See all articles by Jia Li

Jia Li

Indiana University Maurer School of Law

Zhuhao Wang

China University of Political Science and Law; Northwestern University Pritzker School of Law

Date Written: August 1, 2014

Abstract

China, like most other civil law countries, does not have a discrete evidence code. Rather, Chinese evidence rules are currently scattered among various procedural codes. Since the beginning of the twenty-first century, Chinese scholars and practitioners have advocated for specialized evidence legislation. As part of this movement, China issued numerous judicial interpretations of evidence law, amendments to existing procedural law, and experimental drafts of evidence statutes. For example, new amendments to the Civil Procedure Law and to the Criminal Procedure Law became effective on January 1, 2013. More recently, the Supreme People's Court led the efforts to create two experimental drafts of judicial interpretations for evidence rules, namely the “People's Courts Uniform Provisions of Evidence of the People's Courts” in 2008 and the “People's Courts Provisions of Evidence in Litigation” in 2012. Both drafts contemplate the ultimate adoption of a comprehensive evidence statute into the Chinese law. Both drafts contain hallmarks of evidence law, including terminology, methodology, and legal principles, that are regularly seen in the common law system. Yet both drafts retain characteristics of the Chinese legal system and Chinese cultural traditions. The authors analyze the latest developments in China's evidence legislation movement and observe that China's recent experience demonstrates a process of modernization.

Keywords: globalization, evidence law, legislation, China

Suggested Citation

Li, Jia and Wang, Zhuhao, A Trail to Modernity: Observations on the New Developments of China's Evidence Legislation Movement in a Global Context (August 1, 2014). Indiana Journal of Global Legal Studies Vol. 21, No. 2 (Summer 2014), pp. 683-705. Available at SSRN: https://ssrn.com/abstract=3273742

Jia Li (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

Zhuhao Wang

China University of Political Science and Law ( email )

25 Xitucheng Rd
Haidian District
Beijing, Beijing 100088
China

HOME PAGE: http://zjkxyjy.cupl.edu.cn/info/1120/2381.htm

Northwestern University Pritzker School of Law ( email )

375 East Chicago Avenue
CHICAGO, IL 60611
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
4
Abstract Views
34
PlumX Metrics