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On The Exclusional Rule Of Civil Evidence In Our Country

Posted on:2006-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:B QuFull Text:PDF
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The so-called evidence's exclusive rule refers to the rule that the judge should remove first those evidences that are adduced by litigant but irrelevant to the fact to be verified in the hearing, and all the rules that those evidence, adduced by litigant or obtained by the judge by his function and power, should not have been adopted based on the regulation of law or some reasonable consideration should be removed. The crux of this rule is to remove those evidence materials which hinder the judge from making a fair judgment. With the clarification of such basic concepts as evidence, rule of evidence and evidence's exclusive rule and a comprehensive investigation into the historical evolution of exclusive evidence system of both countries of Anglo-American and continental genealogy of law, the author discusses about the jurisprudential basis of evidence's exclusive rule, analyzes the similarities and distinctions of those two concepts of relevance and admissibility and points out that credibility is the core of evidence's exclusive rule, so that, this improves the situation that the previous academy confused admissibility with relevance of evidence. As far as the proper situation to use evidence's exclusive rule is concerned, the paper emphatically investigates six proper situations with the two law systems, that is, illegal evidence's exclusive rule, hearsay rule, opinion rule, best evidence rule, privilege rule and character evidence, and makes comprehensive analysis on them. Finally, the author analyzes the present legislative condition about evidence's exclusive rule of our country, and clarifies our present tasks "proceeding from the consideration of the national condition, bravely consulting and making use of foreign advanced legislative system and experience and trying to realize indigenization and constructing our preliminary evidence's exclusive rule system. Meanwhile, the author puts forward some legislative suggestions by insisting in the basis of objectivity, relevance and legality so as to trigger other's valuable opinions and also seek advices from seniors of academy and colleagues.
Keywords/Search Tags:Evidence, Evidence's Exclusive Rule, Exclusive Standard, Evidence Capability, Apply
PDF Full Text Request
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