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Research On Evidence Of Character In Civil Procedure

Posted on:2008-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:L K ZhuFull Text:PDF
GTID:2166360215991375Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The rule of evidence of character processes an indispensable position in the legislation of Anglo-American Law countries. In the long run of judicial practice and on the basis of series of judgment cases, Anglo-American Law countries formed a set of detailed application rules of evidence of character. Not only in legislation but in judicial practice, which the continental law countries fell behind. Regarding the different situations in these two systems of law, there exists dispute whether the evidence of character applied in China. The author believes that in light of excellent Chinese traditional moral standard, and in view of China's specific situation, evidence of character should be applicable and meaningful to solve the concrete matters in China's judicial practice. Under the emphasis of evidence legislation, the theoretic circles has more academic researches and achievements. However, most of them revolve around criminal suit field, and explore a little in evidence field of civil proceedings. Since Anglo-American Law of evidence doesn't differ criminal evidence law and civil evidence law, evidence can be applied. On the basis of the relativity of evidence and advanced experience in Anglo-American countries, the author discusses and explores the matters on evidence of character from the perspective of civil proceedings, in hope for the active role to the relative study of civil evidence.
Keywords/Search Tags:Evidence of character, Evidence of character in Civil Lawsuit, The relativity of evidence, Proper evidence
PDF Full Text Request
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