A Study Of Distinct Fact By The Judicial Notice

Judicial notice, which is also known as"judicial knowing", is an important rule in civil proceedings as well as a key issue in evidence act. Many countries have made detailed and scientific stipulations on it while the research into it in China is not so deep-going and thorough that the value of judicial notice has not been fully developed yet. The greatest problem of Chinese judicial notice system may lie in the lack of a whole set of judicial notice rules and the judge's failure in adopting practical measures rather than the lag of theoretical research. In view of the above reasons, the author defines the concept of distinct fact in detail and analyzes its value on judicial notice from judicial notice point of view, which is followed by a thorough study of judicial notice procedure on distinct fact. Finally, after reviewing the problems existing in the current laws, the author puts forward some proposals on the development of Chinese judicial notice system and suggests that judicial notice system should be conducted with other related system synchronously.