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Civil Case Evidence Rule At Judge To Practice To Mediumly Apply

Posted on:2011-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Evidence rule is in the case that the litigation proves that the concerning evidence data in the process can be litigation evidence to prove fact and take into to put forward, the principle and norm of the collections and usage.Existence and its contents of evidence rule are subjected to check and supervision of the litigation structure, because of litigation the proof exists conflict and evidence and fact of benefits value to affirm in the process last of antinomy wait reason, if the doing not establish is definitely some what one litigation structure needs of evidence rule, will hard promise a litigant efficiency and affirm to the case factual exactitude.Writer conduct and actions a work in the common plea of place more than ten years of judge, after implementing to the civil case evidence rule at judge to practice work in of apply and the problem contain certain feeling Wu and comprehension.Combine now oneself at judge to meet in the work of problem, apply to the evidence rule concrete ruling of different comprehension, not the Chuai is untutored, talk oneself the superficial understanding deepens by expecting the comprehension to the evidence rule and orientation and has benefit to aftertime's traditional civil case judgment work all of a sudden.In addition to preface, the article is totally divided into five parts:One part"the basic theory of evidence rule", this part the synopsis discussed the concept and classification problem of evidence rule first, from whole top to what was an evidence rule to carry on Jian Shu.Turn into to commence from the development of evidence rule immediately after, from the not- rational proof method in mankind social earlier period to reasonableness of proof method start to talk about, the synopsis discussed the jury that British and American methods fasten formation in the nation to judge way and mainland method to fasten the national litigation system that formed "correct an ask type", the two greatest methods fasten difference development and mutual fusion on the principle existence of the evidence system.Belongs to mainland method to fasten a nation in the our country tradition, along with the reform and development of judgment method, formally implement《evidence rule》on April 1,2002.Along with the enforcement of《evidence rule》, better effect that obtain in the fulfillment in the our country civil case in court, but because of its oneself reason and judge to《evidence rule》lack completely, understand of the system, judge to highlight a some problems gradually in the actual situation.Second the part"to the comprehension that offers as proof responsibility meaning", this part first from offer as proof the concept of responsibility to start to talk about, subdivide into it subjective proof responsibility and objective proof responsibility, and detailed discuss what is subjective proof responsibility, what is objective proof responsibility, it respectively of the characteristicses all have those, what circumstance under apply to offer as proof a responsibility to set upside down.Pass the oneself is judging the case meeting in the fulfillment to carry on analysis, study, discuss judge at judge a work in how according to the actual circumstance of case, the exactitude allotment offers as proof a responsibility and protects the legal rights of the party concerned between the party concerned.The third aspect is the understanding problem that relates to with objective reality to the true law to carry on detailed treatise, combine judgment to practice medium usually appear of the evidence effect of the judge to various evidence of dissimilarity of affirm a problem, the proof effect, the party concerned of book certificate of from recognize, audio-visual data, witness certificate speech, authenticate conclusion, new evidence of expeling of definition and illegal evidence 7 carried on detailed treatise.The fourth aspect is to predict outcome of comprehension and litigation value carry on a study.Emphasized to discuss what is predict outcome, its characteristics, classification, constitute important item and litigation to be worth of 5.Combined a case to particularly analyze to predict outcome is how help judge to the allotment creation that offers as proof a responsibility influence to the case fact take into to affirm and carry out litigation of substantial fair of.Fifth the part"the instruction meaning of civil case evidence rule", elaborated that the evidence rule implements judge what the reform of push, judgment method of work rises to use to the civil case.
Keywords/Search Tags:Evidence rule, Offer as proof a responsibility, The law is true, Objective true, Predict outcome
PDF Full Text Request
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