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Research On Proof Criteria Of Civil Lawsuit

Posted on:2004-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:L P ZhangFull Text:PDF
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The proof criteria of civil lawsuit are, the embodiments of proof requirements, and also principles and measurements of proving and ratifying the lawsuit facts that is objective in content and objective in proof process, is essential duality. The traditional "the theory of objectivity" is to emphasize the absoluteness of ratification and neglect their relativity; to emphasize epistemology and neglect axiology. "The theory of legal facts" which has assimilated rationality of testimonology of western nations and their institutions, from the subjective process of lawsuit cognition, find a new research perspective and domain. However, it aggrandizes its relativity of cognition, neglect its absoluteness; it emphasizes axiology and neglect the dialectical unification of axiology and epistemology. The setting of the criteria of civil lawsuit, should, under the instruction of dialectical materialism and based on jurisprudence, be dialectical unification of axiology and epistemology,the unification of internal and external value of procedure,the dialectical unification of procedure law and substantial law. The criteria of civil lawsuit should be of subjectivity and objectivity: subjective criterion is operating criterion and objective criterion is validating one; should be dialectical unification of monistic criterion and hiberarchy of subjective criterion. In civil lawsuit, the setting of the criteria of civil lawsuit should be of dialectical unification of subjectivity and objectivity,justness and efficiency, commonness and individuality. In the subjective sense, we should judge their credibility ,adherent to, no suspicion of intime conviction principally and suspicion of intime conviction subsidiarily in psychology; to proof beyond a reasonable doubt in logic,to highly probability and preponderance of probability. In the objective sense, we should employ subjective facts as ratifying criterion.
Keywords/Search Tags:criteria of proof, epistemology, axiology, duality in subjectivity and objectivity, subjective criterion, objective criterion
PDF Full Text Request
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