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Admission System And The Discussion Of Localization

Posted on:2012-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ZhangFull Text:PDF
GTID:2166330335463384Subject:Law
Abstract/Summary:PDF Full Text Request
As we all know,civil litigation,the judge found the facts of the case and make the final judge of the results to be launched around the evidence that the use of evidence to the fact that re-occurred in the past to restore,and then analyze the rule of law judge.Can be said that the evidence is to achieve the purpose and value of the cornerstones of civil litigation.Because of this,the system of civil evidence on running a great sense of civil litigation.Throughout the Civil Procedure Law of China,long-standing problem has provided evidence of the comparison principle,refinement of the rules of evidence for the actual operation is also a little lacking.To improve the legislation of the evidence,and claims that the system is obviously an unavoidable problem.Admission system used,can play a simplified procedure,the role of efficiency of the proceedings;same time, the admission system to give full respect for party autonomy,is a manifestation of procedural justice.As China's Civil Trial acceleration of the dominant position of the parties to greatly enhance the program,in this context,the study admission system will have far-reaching significance.China's current law through judicial interpretation of Supreme Court the composition of the admission,scope,type,effect and so made a more detailed provisions. However,the admission system in China remains low,such as the legislative level,the law is imperfect,there are many repetitions and contradictions and so on. Moreover,the weight of the original entity,the concept of judicial light procedures, historical and cultural traditions, and other factors on the admission system of the old good run in our country poses a greater obstacle. Because of this, the paper first analyzes the health of the system of admission, and one by one point out there is low level, such as legislation, legislation is not perfect and there is conflicting local and other issues.Starting from the existing problems in China, he was innocent of some of the basic theory of the system to make a comb, to clarify the law on the admission of property, be characterized as legal action and the combination of the rules of evidence; on Elements of admission to do a study to Admission limited to mainly a matter of fact the object, and denial of admission, said the fact that the self-defeating;forwithdrawal of admission were more detailed in order,the withdrawal of legal admission into two cases,for the second Kinds of situations, that there are significant misconceptions or in the case of coerced admission made the withdrawal on the idea that only prove the existence of external coercion or consider themselves true to the facts.Finally, on how to improve the admission system of a number of recommendations, focusing on institutional support in the surrounding environment and made a paper, such as accelerating the transformation of modes of trial, the establishment of mandatory defense system.
Keywords/Search Tags:civil procedure, admission system, judge interpretation
PDF Full Text Request
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