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Study On Relevance Of Federal Rules

Posted on:2009-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:H NiFull Text:PDF
GTID:2166360245460717Subject:Law
Abstract/Summary:PDF Full Text Request
The jury system is used in common law system, and the court focus on the parties. The Judge has to decide whether the evidence is relevant or not before it is brought to the jury in accordance with one of parties. Therefore, as the ability of evidence, the rule of relevancy is essential. In the field of evidential litigation, the study on it makes great sense, which has been fully recognized by the common law system, while has been fully recognized by the common law system, while the "Relevancy rule" is called "Golden Law". The relevance of the evidence has not been paid too much attention to in legislation and theory due to the impact of litigation mode and the freedom of the heart of Judge. China lies under the Civil Law countries traditionally. Although the significance of objective things is focused on , the traditional theorists on evidence study the ability of evidence less. China has been the lack of a clear system of rules of evidence in the Legislative Council. As the ability of the relevant rules is missing, the practical value of them is not performed adequately. It isn't undoubtedly conductive for the judge to find the fact of the case. While the relevancy is studied in mature whether in theory or legislation or the judicial practice in the U.S.In order to satisfy its need of transformation from inquisitive procedural system to adversary procedural system, to study the theory of the relevance, the author introduces the evolution of the relevance of evidence first, analyzes the reasons of the Federal Rules. Therefore, the author suggests that China must establish explicit legislation on the definition of relevance, and the rules on the compulsory inclusion of relevant evidence associated China's actual conditions.
Keywords/Search Tags:relevance, provability, materiality
PDF Full Text Request
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