证据制度是一国诉讼制度中重要的组成部分。我国目前证据立法过于粗疏 ,可操作性不强 ,远远不能满足司法实践的需要。合理地重构证据制度 ,应当对传统证据理论进行全面检视 ,在此基础上准确把握现代刑事证据制度藉以立足的基本理念 ,惟此方能实现理性立法。 The evidence system is an important part of a country’s litigation system. At present, the legislation of evidence in our country is too coarse and the operability is not strong enough, which can not meet the needs of judicial practice far. To reasonably reconstruct the system of evidence, we should conduct a comprehensive review of the traditional theory of evidence, and on the basis of this, we should accurately grasp the basic idea that a modern criminal evidence system should be based on. Only this can achieve rational legislation.