Study On The Indirect Proof To Civil Litigation

Indirect proof,which is composed of indirect proof and indirect counter proof,occupies an important position in the way of proof in civil action.There are not many academic studies that directly take "indirect proof" as the proposition.Instead,they focus on the study of indirect this proof and indirect counter-proof separately.At most,the basic theory of indirect proof will be simply discussed when the classification of evidence,presumption of fact and rule of experience are studied.In practice,it is difficult for a party to use direct evidence to directly prove the evidence.Instead,it needs to use indirect evidence to prove the evidence.In fact,most civil cases need to use indirect evidence.However,in the current judicial environment of our country,indirect proof is arbitrarily applied,which comes from the lack of legislative norms,the absence of rules of thumb,the absence of evidence chain and evidence ring,etc.Therefore,starting from the basic theory,this paper clarifies the mechanism of indirect proof,application mechanism and systematic construction.In addition to the introduction and conclusion,there are four chapters.Chapter 1 An Overview of Indirect Rebuttal of Civil Litigation.This chapter is divided into three sections.The first section expounds the distinction between direct proof and indirect proof,that is,the standard,basis and necessity of distinguishing the two.The second section mainly expounds the definition and connotation of indirect proof.The connotation of indirect proof that indirect proof is the general way of proof.In indirect proof,the parties usually put forward some indirect evidence and indirect facts,on the basis of which the empirical rule is used to deduce the main facts.It can be known that indirect proof can be used as a substitute for direct proof.Indirect proof is a complete proof rather than a lower standard of proof.The third section mainly expounds the type and function of indirect proof.Types of indirect proof that from the point of view of the proof process,indirect proof is divided into indirect proof and indirect proof.From the point of view of empirical rule,indirect proof is divided into general indirect proof and special indirect proof,and tabular proof belongs to the category of indirect proof,and there are obvious differences between the two,and it is suggested to introduce tabular proof.Function of indirect proof that ease the difficulty of proof.Chapter 2 Civil Litigation Indirectly Proves the Status,Problems and Causes.This chapter is divided into three sections.It mainly analyzes the specific status,existing problems and causes of indirect certification of civil litigation in my country.Specifically,the legislative status of indirect certification in civil litigation in China,the Civil Procedure Law does not make clear provisions on the theory of indirect certification,the interpretation of the Civil Procedure Law and the provisions of evidence provide a legal basis for indirect certification.Judges rarely use indirect certification to determine through indirect evidence case facts.The main problems with indirect proofs are that the inconsistent proof evaluation standards lead to " different judgments in the same case " and the indirect proof simplification of the reasoning model.The case is "different judgments for the same case ".The reasons for this are as follows,abusing the burden of proof to exclude the use of indirect proofs,abusing the power of proof to exclude the use of indirect proofs,abusing examination standards to exclude indirect evidence,and lacking an argument for the rule of thumb.Chapter 3 The Mechanism of Indirect Rebuttal in Civil Litigation.This chapter is divided into two sections.The parties and the judge have various ways to prove and identify the facts of a case through indirect evidence,but in principle,the basic track of their proof and identification is "indirect evidence,indirect fact,main fact".In the track of basic proof,in order to reflect the basic characteristics of indirect proof,this part calls the indirect fact and the main fact as "premise fact" and "inferential fact" respectively,and regards them as the "point" of indirect proof,then the track of basic proof is "premise fact,inferential fact".In indirect proof,first of all,it is necessary to determine that the essential fact is synonymous with the main fact,and that the evaluative requirement itself is the main fact.Secondly,the inferential fact and(the essential fact/main)fact are in the same class,and the presupposition fact(Indirect fact)and the inferential fact(the essential fact/main fact)are in a progressive relationship.Chapter 4 The Reasoning Procedure of Indirect Rebuttal in Civil Litigation.This chapter is divided into three sections.The first section elaborates the inferential rules of indirect proof.Since presupposition fact to inferential fact cannot be separated from empirical rules and logical inferences,"empirical rules" and "logical inferences" are called the "line" connecting presupposition fact to inferential fact,or "inferential rules".Inference rules play an important role in indirect proof.This part elaborates on them in detail and puts forward some suggestions for improvement in view of the problems existing in the application of empirical rules to judges.The second section elaborates the proof procedure of indirect proof,including indirect proof and indirect disproof.It specifically states the relevance of the premise fact(indirect fact)and the inferential fact(essential fact/main fact).The relevance examination includes two elements of substance and proof,and judges can examine the relevance in the prosecution examination stage or evidence investigation stage according to different types of cases.The third section points out the proof degree of indirect evidence to prove indirect facts,including the structure of indirect evidence to prove indirect facts and the proof degree of indirect facts.The latter elaborates the dispute about the degree of proof of indirect facts and the degree of proof of indirect facts and its special cases in indirect disproof.And expounds the inferential process from the indirect fact to the main fact,specifically including the amiability of the main fact and the inferential power of the indirect fact.Chapter 5 The Application of Indirect Rebuttal in Civil Litigation.This chapter is divided into three sections.The first section defines the conditions that should be met for the application of indirect proof,namely,the necessary conditions,preconditions,logical conditions and effective conditions.In other words,the main fact that the party needs to deduce must be the main fact that cannot be proved by direct evidence,so it can only deduce the main fact by means of indirect evidence,which is the necessary condition of indirect proof.The parties shall provide indirect evidence sufficient to prove the existence of indirect facts,which is the prerequisite for indirect proof.There must be an inevitable logical relation between the indirect fact and the main fact,which is the logical condition of the indirect proof and also the most critical condition.Allow the other party to make a counterclaim and deduce the truth of the main fact based on the confirmation of the counterclaim.This is the effective requirement of indirect proof.The second section expounds the status of indirect proof legislation and judicial practice.In the third section,the applicable construction of indirect proof is proposed.Firstly,the basic models of indirect proof inference,namely,evidence chain and evidence ring,are clarified.Secondly,the indirect proof system,namely the basic direction and its probability assessment,is constructed.Finally,it is made clear that indirect proof has the function of alleviating the proof difficulty of the proof party rather than redistributing the burden of proof under normal circumstances.And put forward to apply the indirect proof for the standard of the relevant system,that is,the judge reasonable exercise of the right to explain,the center of the process of evidence disclosure and the judgment of the relevant system.