Judicial Notice In Civil Proceedings: Problems And Ideas

In civil proceedings, one party's obligation of leading evidence would be relived when the judge takes judicial notice of some particular fact . Because the taking of judicial notice can not only bring about convenience and efficiency to the procedure , but impact on the division of the burden of proof, judicial notice comes to be a foundational question of the law of evidence. However, the weak tradition and the flag awareness of the law of evidence in our country make both the legislations and the theoretical studies defective; the judges can not properly take judicial notice in civil cases too, in view of a variety of reasons. Therefore, there are very important theoretical and practical significance to explore how to improve the judicial notice of our county so as to realize justice and efficiency of the jurisdiction by using for reference the legislation and research achievements of judicial notice of the foreign countries or areas, and by basing ourselves on the special tradition and the national conditions of our county.There are more than 40 thousands words in this article, which is composed of preface, main body and the lingering talk.The preface mainly refers to the origins,the aim ,as well as the rough style of the writing of this article.The main body consists of six chapters:Chapter 1, the definition of judicial notice. Considering the basic concept, judicial notice has not uniform explanation, it is necessary to explain its meaning and analyze its characteristic so as to clarify the disputes revolving around the nature of judicial notice.Chapter 2, the base of the theory of judicial notice. In this chapter, the authority to discover the reasons why the judicial notice has a prolonged history and to unearth the rational supporting behind the system in an all-round way. Chapter 3, the contents of judicial notice. This chapter is not only an all-inclusive scan to the rule of judicial notice, but analyze the components of it . This chapter is divided to three aspects. The first aspect, the objects of judicial notice. By using the method of comparative, the author observes and study the ways of establishing the objects of the two legal systems so as to find out generality and analyze difference between them. The second aspect, the classification of judicial notice. As a supplementary way to grasp the objects of judicial notice thoroughly , the author studies the main method of classifying the objects of judicial notice. The third aspect , the procedure of judicial notice . Here, the author still uses the way of introduction and summarizes main kinds of procedure rules using in different countries.Chapter 4, the feasibility of establishing judicial notice in present china. In this chapter, the author analyzes the ideas models and social conditions of current china and tries to answer exactly the question whether china will establish the system of judicial notice.Chapter 5, the examination to the present situation of judicial notice in china. In this chapter, the author seriously examines the situation of legislation and judicial practice to find defection existing in judicial notice nowadays and analyzes the reasons from which the above defines .Chapter 6, the tentative idea about the establishing judicial notice in china. By drawing lessons from some countries and areas and summarizing the present achievements, the author try to give some exact tentative ideas about how to establish judicial notice in current china.The lingering talk. In view of the fact that civil procedural systems are both overall and related to each other , it is necessary to cultivate and improve the systems which closely relate to judicial notice so that it would bring its function into full play.