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A Study Of Discretion In Civil Evidence Adoption

Posted on:2008-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2166360245463776Subject:Law
Abstract/Summary:PDF Full Text Request
Discretion is an intrinsic professional power of a judge during judicial process. It is composed of two parts, they are, discretion of the affirmed facts and discretion of the application of laws. The process that a judge affirms a fact is actually the process of discovery , collection, and investigation as well as the process of judgment and handling of the evidence. The judge's discretion over the affirmed fact mainly refers to discretion over the evidence. With the continuous deepening reform of the judicial way, the independent judicial authority exercised by the judges has also been improved progressively. At the same time ,people give much more concerns over discretion,which is as a kind of judicial authority. And discretion over evidence becomes the core of it. For the judges, how to correctly exercise discretion over evidence and how to rationally and discriminatively handle the limit of"discretion"are all very important points, for ensuing judicial justice and efficiency.Based on above reasons, by setting discretion over evidence as investigational object,and the civil lawsuit as viewpoint, after having studied the theories about discretion, the article has analysed and proved the necessity and rationality of discretion over evidence. Moreover, the article, in a more micro-graded layer view- point, discussed the practical utilization of discretion over evidence in several different stages of civil lawsuit, among which, some were more hard and disputable to deal with and more popular as well. After learning many respective experiences of judicial practices domestically and abroad, the article gave some suggestions which we suppose, would have some help to the judges in our country in order to conduct discretionary power rationally in the civil evidence adoption.
Keywords/Search Tags:discretion, evidence, adjudication, free judicial evaluation of evidence
PDF Full Text Request
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