Analysis On Judicial Notice System Of Civil Procedure In China

In civil proceedings, judicial notice as one of the traditional rules of evidence, is playing an increasingly important role. At present, our legislation and theorists are trying to build a comprehensive system of rules of evidence and judicial notice is gradually presented to the vision of people. People increasingly see the irreplaceable value of the rules of judicial notice, through the Judge of the parties to conduct judicial notice of certain facts, to relieve the burden of proof a party - and thus the division of responsibilities of the parties that have an impact, greatly enhanced the efficiency of proceedings, saving judicial resources.However, due to the cognitive theory of justice is still weak, also appear in the legislation a serious shortage of blank state, the same practice in the trial, the judge can not correctly use a variety of reasons of judicial notice, such conditions need more theoretical scholars and practitioners who conduct in-depth understanding of judicial review, and make rules for judicial notice institutionalized, legal and operable. This must be based on our traditions and conditions, based on drawing foreign reasonable legislation and practice, explore the development of a consistent rule of law, judicial notice of our system, so that rules of judicial notice of judicial practice in full play, to achieve administration of justice and efficiency. I present my evidence for the present situation of our country, and of the judicial notice of foreign legislation and practice on how to structure the rules of our civil justice issues of cognitive Opinion, in order to build and improve on our system of judicial notice help.This paper is divided into four chaptersChapter I: Judicial notice of the value function. This chapter is divided into three parts, the first part of the characteristics of judicial notice. To further understand the judicial notice of the characteristics of judicial notice to make in-depth analysis. The second part, the concept of judicial notice and the related comparative study. As the "judicial notice" concept in the academic research on the different opinions, it is first necessary to make this concept to define and make the positioning of its nature; and then, through the concept of judicial notice and the relationship of a number of further deepen understanding of judicial notice, so that practical use of judicial notice in a better play. The third part of the functions of judicial notice. Evidence from the civil law and civil law point of view the purpose and objective analysis of the functions of judicial notice, and judicial understanding the value of judicial practice.Chapter II: Judicial notice of the object exploration. This chapter is divided into two parts: the first part of the common law countries, the object of judicial notice. Focuses on the United Kingdom, the United States, the two objects on the judicial notice of the legal requirements and practical application. The second part of civil law countries or regions object of judicial notice. Focuses on Germany, Japan, Taiwan on the object of judicial notice, under the law. Section Two Schools summarized the object of judicial notice on the comparison. By analyzing the two legal state on the characteristics of the object of judicial notice to summarize similarities and differences between the two.Chapter III Analysis on the Status of China's civil judicial notice This chapter is divided into three parts, the first in the legislation. Expounded on China's judicial notice of the relevant legislative provisions, then find the defects and problems. The second part, the administration of justice. Through specific case analysis of the practice of judicial notice in the plight. The third part, the causes of our current situation of judicial notice. From the objective and subjective aspects of the status of judicial notice to make a deep analysisChapter IV: Construct judicial notice of Civil ProcedureThis chapter is divided into two parts .The first part, the contemporary Chinese setting judicial notice of the feasibility analysis. Multiple values through the establishment of civil litigation and litigation model to explain the changes in China already has the conditions to establish the rules of judicial notice. The second part, the establishment of rules of judicial notice of Civil Procedure. Legislation on judicial notice, object, effect, the program put forward feasible suggestions. Based on the conditions of our country, and learn from other countries, relevant legislation and practice conditions, whichever is reasonable to use some for our focus on making our country the object of judicial notice, and proposes the feasibility of operating procedures.