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Both Substantial And Procedural View Of New Evidence

Posted on:2012-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:T S MengFull Text:PDF
GTID:2166330335988240Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In this issue, this paper wants to give some advices in the new evidences which come up to the civil procedure, when it gonging on. First, I give the definition of new evidence, that is a kind of evidence can't be given by both defendant and plaintff by the dead line of proof term, or it is difficult for them to get the new one and they applying for it to the court, while court did not give them a good answer, or the new one comes up after the trial, or the new one has the ability to subvert the old judgments.Second I want to explain why the new evidence arise. One hand is theoretical dissert, on the other hand is empirical discussing, just like give some data and real cases. By the way of above, I sum up the reasons one is the need of litigant and the second is give some time for the judge to change their wrong determination, and the last one is need of the procedure. And then I list all of the laws about the new evidence in china. From this concluded some disadvantages in our country's law, just like the clauses are not clear, effect levels are not on one line, who ,when, how to bring the new one to the court, what is the stander of the new one, and so on.The last part of this paper is how to solve the problem I found. The advises are one, putting a new professional man to interpret the law; two, protecting the litigant's rights of proving; and three, the court should have both substantial and procedural view of new evidence. And the most bright spot in this article I think is the view of new evidence, which is attaching importance to both procedural rights and substantial rights when a case going on. In this part, the court should change or improve their concept about the new evidence, even all of the proof which can prove the fact.As the old saying:"Justice must not only be done, but must be seen to be done."That is the opinion by the west. But in east, just like our country there will be some different. In china, because of the long years of fit of all kinds of law, and people take care of the final results, so the procedure sometimes will be put way. As a student of procedural law, I have duty to change the mind of all of us, if we follow the substantial justice, we need the procedural justice. Only if we pay attention to the later, we would get the former. So in my opinion, when there is a conflict between substantial justice and procedural justice, I will stand on the way of procedural justice.This is also my view. In my paper I think I want to hold the flat of procedural justice, and I need do something that can change the mind of Chinese people who use Chinese law. Not only the lawyer, judge and student major in law, but also the people who do not know Chinese law at all. In the deep mind of all the people, there would be a mind of procedural justice is important as well as substantial justice. It is my hope, and there will be a long way to go. But I will do my best. This article is a part of my try. This is also my purpose of this paper.In this article I use the methods of comparison, enumeration, case study, and so on, to express myself.The achievement in this article I think first is clear about the law, I had a new read of this new evidence law, and second is I gave some advices on Chinese law's problem.
Keywords/Search Tags:Substance, Procedure, New evidence
PDF Full Text Request
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