On The Relevancy Of Evidence In Civil Procedure In China

The relevancy of the evidence in the case is the basic attribute of the latter. In the field of litigation evidence the study on it makes great sense,which has been fully recognized by the common law system,while the"Relevancy Rule"is called"Golden Law". But in the field of civil Procedural law of our country,there are conflict views on the content of the relevancy of the evidence,what is more,the studies are rare and scattered as far as the related .Problems are concerned. It is through the evidence in civil suit that this article wants to discuss the basic content of the relevancy of the evidence,the related theories on this field ,and the recognizance of the relevance of the evidence in system and in deep. Further more,this article comes up the blue Print of the establishment of the"Relevancy Rule"of the evidence hand in hand with the tide of the reformation of civil evidence in our country.Addition to the introduction and conclusion, the article is divided into four chapters, the specific structure is as follows:Chapter1: The discussion on the basic content of the relevancy of the evidence. The letter is referred to as the"fact"which is still to be justified. There is close relationship between the relevancies of the evidence and the ability, capacity of the evidence.Chapter2: The analysis on the regulation of the relevancy in our country, and the understanding of it in the jurisdictional practice. The prescription of the relevancy of the evidence in our country is the reflection of the pursuit for the"real fact"in the civil suit in china. In result, the legislation on evidence pays too much attention to the weight of the evidence, while neglects the credibility.Chapter3: The observation and study on the general situation in common law countries and civil law countries. This article is to analyze the difference situation between them and to discuss the reason of it on the consideration of the different legal traditions and systems.Chapter4: The discussion on the establishment of the"Relevancy Rule". This is the focal point of the article. The establishment of the rule in our country is so necessary that this article is to discuss the general and concrete assumption of it.