证据法、诉讼法和实体法的关系.pdfVIP

Evidence Science Vo l.I 8 No.6 2010 • 750 • ·证据科学讲堂· The Relationships among Evidence Law , Procedural Law and Substantive Law Ronald J. Allen Yesterday , 1 gave you an overview of many issues that are foundational to the law of evidence and that must be thought about and accommodated ín the structuring of a rational law of evidence. Today 1 want to go a little bit deeper into some of the issues that 1 touched upon briefly yesterday. 1 intend to do this by examining the relationship hetween evidence law, procedurallaw and substantive law. First, we need some definitions. Evidence law is the body of law that directly determines the admis蛐 síbility or inadmissíbílity of evidence at a trial or hearing. Procedural law is the body of law that governs the formal preparation of a c嗣e for trial or for appeal. Together, evidence and procedure law directly af翩 fect litigation behavior. Substantive law is the body of law that determines rights and obligations and that directly affects primary behavior. Primary behavior refers to the actions of people and institutions outside of the context of litigation-everyday actions of people , in other words. These definitions reflect the differing domains of the three fields. Evidence is largely motivated by epistemological concerns; procedure is motivated by efficiency concerns; and suhstantive law reflects the complex set of human interests that government must constandy tryωaccommodate in order to create the conditions of a flourishing society. However, the distinctions between these three concepts should not be o