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The Parties' Statement In The Civil Litigation

Posted on:2009-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:X J XiaoFull Text:PDF
GTID:2166360245490310Subject:Law
Abstract/Summary:PDF Full Text Request
China's current implementation of"the Civil Procedure Law"enacted in 1991, but from the beginning of the 1990s till now, the Chinese community both in the political, economic, or social environment in the whole have changed in the last few decades. This change is reflected in the area of civil litigation, mainly embodied in the reform of the civil litigation system requirements. And the theory and practice justice departments almost pay attention to the civil evidence system. Most of the study focus on these macro level just like: the responsibility to prove ,the standard of proof, the judge's evaluation etc, the study of specific types of evidence of relatively just take a small part, further study is necessary.The parties are main part of the civil procedures, which have important relations with the conduct of the proceedings and outcome of litigation. Although there are terms of reference of China's civil tradition, but in recent years through the judicial system in practice some of the reforms, and reflect strengthening confrontation between the parties, equality of the development trend, the parties actively involved in litigation with each other and start fruitful exchange of information, is China's civil justice reform demands, embodied in the rules of evidence, is to strengthen present research of the parties'statements.From the dual meaning of the parties'statement, it can be drawn that the parties'statements both have the lawsuit behavior significance and the evidence material significance in the civil proceedings in fact. And whether from the civil justice reform process, or the building of the civil procedure system, or from the raising of the parties'awareness to procedures, the present value in the procedures and the evidentiary of the parties'statements are worthy of recognition.As the current civil legislation does not specify the operational procedures of the parties'statements, and there are still relevant provisions of the conflicting situation, and there are many problems in judicial practice, which led to the need for institutionalization of the parties'statements, in order to improve the rules of the parties'statements and activated the important function of the procedures and evidence function of the parties'statements.The specific legislative idea of improving the system of the parties'statements is: By the way of improve the system of the deposition for party concerned, and the introduction of pre-trail procedures, the supporting system can be improved. The punishment rule of false statement must be established by clarifying the obligation of true statements. Finally the judge's interpretation right need be defined clearly.
Keywords/Search Tags:The Parties'Statements, institutionalized, The Deposition for Party Concerned, The Principle of Duty for True Statement, the judge's interpretation right
PDF Full Text Request
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