Evidence from Books

AnonymousThe Commercial Press · ChinaDec 2020

3.5

Word count: 8.4K words
Chapters: 6

Summary

This book opens with the concept itself and offers a clear definition of "documentary evidence": any material that records thoughts and conduct in writing, or expresses ideas through symbols and patterns, and whose content serves to prove a fact in issue may be classified as documentary evidence. The discussion focuses on two key dimensions—the written medium in form and the intellectual content in substance—and stresses that the content must be relevant to the facts of the case before it can serve as a basis for determining the facts. This step-by-step progression—"form, content, and relevance"—makes an abstract legal concept operable and assessable. For readers new to evidence law or needing to sort out the classification of evidence, the book offers a concise and accurate entry point; for practitioners dealing with the identification of written materials, it also helps clarify the boundary between documentary evidence and other forms of evidence. As you read, try applying the book's criteria to specific cases to judge whether a given piece of material constitutes documentary evidence, thereby deepening your understanding.

Editor's review

Who it's for

A good fit for

Law students studying evidence law who need to clarify the classification of evidence
Legal practitioners dealing with the identification of written materials in casework
Self-learners interested in the basic concepts of the evidence system
Teachers of evidence law courses who need concise conceptual materials

Not a good fit for

Experienced legal professionals seeking in-depth case analysis and practical techniques
Readers with no legal background who are only looking for narrative content
Readers focused on evidence types other than documentary evidence and seeking specialized treatment

Reading tips

First memorize the two dimensions of documentary evidence—written form and intellectual content—then practice judging with written materials around you.
Keep one or two cases at hand while reading and test each against the criterion of "whether the content is relevant to the fact in issue."
Read alongside other entries on the classification of evidence to clarify the boundaries between documentary evidence, physical evidence, and witness testimony.

About the publisher

The Commercial Press China · Founded in 1897

"Republic-era Commercial Press Original Editions" refers to original books printed by The Commercial Press during the Republican period, not a separate publishing house. Judging from the 300 titles held in the collection, its publishing focus centers on classical poetry and lyrics, literary appreciation, classic works, military texts, prose and miscellaneous writings, and Eastern philosophy. Representative titles include Wang Guowei's Renjian Cihua, Zhong Rong's Shipin, the lyric collections of Xin Qiji and Liu Yong, Sun Wu's The Art of War, and Lü Buwei's Xianshi Lan. Its author resources are mainly classical writers, together with modern scholars such as Li Jingbang and Guo Huaruo, whose collations and annotations are also represented, giving the list a character centered on original texts while attending to annotation and appreciation. Public information on the precise Republican-era catalog and printings is limited; this overview is based only on the titles held in the collection.

版权信息
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正文四
正文五

FAQ

On what grounds can documentary evidence serve as a basis for determining the facts of a case?

The material points out that, in form, documentary evidence depends on the written form it adopts, and in substance, it depends on whether the ideas recorded or expressed are relevant to the facts of the case; on that basis it can serve as a basis for determining the facts.

Does any material with writing count as documentary evidence?

Not necessarily. Documentary evidence requires that its content serve to prove a fact in issue and that the ideas recorded or expressed be relevant to the facts of the case. Material that has only a written form but content unrelated to the case cannot be used as documentary evidence.

Can symbols and patterns also constitute documentary evidence?

Yes. The material states clearly that any object that uses various symbols and patterns to express human thoughts and whose content serves to prove a fact in issue belongs to documentary evidence. Documentary evidence is not limited to purely written records.

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About the author

Anonymous Author

Anonymous is not a real personal name but a general Chinese designation for authors whose names are unknown, lost, or unsigned. Neither nationality nor dates of birth and death can be verified, and available public information is limited, so the works attributed to this name are the only basis for description. The collection holds 2,078 works under Anonymous, spanning medicine, classics, historical readings, ancient poetry, classical literature, and philosophy. Representative works include The Yellow Emperor's Inner Canon: Lingshu, Mencius, The Book of Documents, Nineteen Old Poems, Complete Song Ci, and The Peacock Flies Southeast. Most of these works took shape through long transmission and editing, emerging either from collective folk creation or from authors whose names were lost over time. In ancient China, the Book of Songs, the Great Learning, and many popular storybooks and plays were signed Anonymous because their authors could not be traced. Anonymous works cross the classics, histories, philosophical writings, medical texts, and poetry; their subjects are broad, and their styles vary from archaic simplicity to clear naturalness, making them important and influential sources for understanding ancient Chinese thought, medicine, and literature.