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Authentication In Civil Lawsuit

Posted on:2003-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:J X ZhuFull Text:PDF
GTID:2156360065960449Subject:Law
Abstract/Summary:PDF Full Text Request
Authentication,i.e. judge determines the proof,is first raised by the law practicing department in the reform process of civil adjudication methods,and then tried out in judicial practice,and finally establishment by usage. Compared with the traditional way of judge determining the proof,authentication emphasizes the publicity of psychological proof and the advance publicity of mental proof. The principle of direct verbal trial requires that the subject of authentication should be an independent judge from the People's Court that undertakes the case or penal of judges. The content of authentication is the objectiveness. legality,relevance and sufficiency of proofs as well as the facts to be proved. The authentication (authentication in court) and the authentication after court,two different stages of authentication,make authentication,a complete process. Authentication in court is the judge's preliminary authentication of the proofs and the interested party can raise their disagreement of the preliminary authentication. Authentication is the judge's subjective understanding of the proofs,therefore it is subjective as well as optional. In order to guarantee the objectiveness and fairness of the result,authentication must be strictly ruled and regulated.
Keywords/Search Tags:civil lawsuit, authentication, publicity of mental proof, regulate
PDF Full Text Request
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