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The Research On The China's System Of Civil Presumption

Posted on:2007-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:F F XuFull Text:PDF
GTID:2166360185453940Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important part of evidence act, the system of the civil presumption plays an important role in cognizancing verity of the civil judgement and opening the free evaluation of evidence. Presumption exists in every nation's civil law and civil procedure act, which ensures the application and relief of the system of civil presumption through the implement of correlative mechanism simultaneously, and its importance makes our scholars devote themselves to studying and perfecting the system of civil presumption. To compare with foreign research and discussion, our civil presumption has some disadvantages in legislation and judicature mechanism. On the basis of the comparative research, this thesis aims at affirming the necessity of the system research and finding out the problems and reasons of China's system of the civil presumptions through analyzing the important value of the theory in it, and furthermore, it perfects our system of civil presumption from legislation and judicature.The thesis consists of three parts: the introduction,the body and the conclusion.The introduction gives a general review of the origin and development of presumption, the relation between the presumption and civil presumption, and moreover, it points out the presumption is widely used in civil law so as to ascertain the topic of this argumentation. Meanwhile, it regulates the definition, the range of civil presumption and the basis of regulation—the arrangement of empirical regulation layers. Finally, it is the distinction between the presumption and its correlative definitions in order to establish a basis for later argumentation.The body includes four parts:Part 1 is about the comparison between civil presumptions. It simply introduces and compares the system of civil presumptions between the countries and areas in Anglo-American and Continental law system.,and analyses the reasons of difference...
Keywords/Search Tags:civil presumption, presumption of law, presumption of fact, empirical regulations, hoher wahrscheinlichkeit
PDF Full Text Request
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