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On Standard Of Proof In China's Civil Procedure Law

Posted on:2006-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360182483461Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rising call for evidence legislation,standard of proofarouses attention. 《Civil Procedure Law of the People's Republic of China》establishes the objective standard of proof which meets unprecedented challenges andthe proposition for the standard of legal truthfulness is rising. The supreme courtissued Some Explanations on Evidence Rule in Civil Procedure based on experiencesfrom all levels of courts which for the first time institutes the standard of legaltruthfulness and the rule of predominant evidence. Theses explanations make up forthe deficiencies within the current system and have a positive contribution to achievejudicial justice , improve judicial efficiency and promote the judicial reform.However, the establishment of standard of proof by terms of legal explanation is ofdoubt. This paper discusses only what kind of standard of proof we should insist andhow to improve this institution.Before reaching the final conclusion, this paper analyzes the legislations in boththe Case Law and Continental Law and examines the current institution in ourcountry's Civil Procedure Law and legal practice .Based on these researches,combined with my personal legal practice in the Basic People's Court and study onreal case ,this paper finds out some deficiencies within the rule of standard of proofand recommends some improvements to perfect the rule of standard of proof .This paper holds that the standard of objective truthfulness is limited and thestandard of legal truthfulness is determined by the nature of civil procedure litigationwhich can better achieve the goal of justice and is more practical and reasonable.Evidence Rule contributes to the establishment of the standard of legal truthfulnesswithin our country's civil procedure. Because Evidence Rule does not meet theexpectation in practice, Some begin to doubt the standard of legal truthfulness. Fromthe perspective of a judge, this paper holds that we should insist rationally thestandard of legal truthfulness and presents some recommendations based on trialpractice to perfect Evidence Rule.
Keywords/Search Tags:civil procedure, standard of proof, objective truthfulness, legal truthfulness, trial practice
PDF Full Text Request
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