On the DNA Evidence Rules in Paternity Suit

To deal with the cases concerning non-prosecution on suspected crime,we should first analyze the problems in the evidence rules and the application of these rules from the perspective of the science of evidence as well as analyze the causes of these problems so as to avoid and reduce the occurrence of these cas.

Due to the wrong awareness,mis- understanding has taken place in the evidence rule,doctrine of discretional evaluation of evidence and criterion for proof in traditional evidence theory.

The right to silent is in essence the informing of rules of evidence.

This paper represents the tendency of the development of system of evidence in the world that the combination of discretional evaluation of evidence and rules of evidence which we should adopt.

The promulgation of the Lawsuit Evidence formulated by the Supreme People s Court promotes the judicial reform extremely, but the rules of evidence es tablished not only make the absence and lack of normative of judicial authority even worse,but also violate realities of the true essence of civil procedure law.

Thoughts on the criminal evidence rules;

The rule of new evidence is an essential part of evidence rules.

Legislative body and effective body would put the attentions on due procedure and the rule of evidence rather than the.

With the amendment of the code of criminal procedure, both the prosecutor and the defendant have to show evidence to the court, so this needs the consistent rule of evidence.

Therefore, we must construct the arbitrary rule of evidence capability , the exemption rule of unlawful evidence and the reinforcement rule of provability, and perfect the rule of defendant s confession in our country.

The restrictive system includes four aspects: the demand for justice, capitulation, perfect supervision to the authentication, and evidence regulations.