The Inspection Of Some Provisions Of The Supreme People's Court On Evidence In Civil Procedures Operational Status In Rural

The article combines two cases in practice to introspect adverse response of Some Provisions of the Supreme People's Court on Evidence in Civil Procedures operational status in the rural society, through the analysis of parties' quoting process and their psychology situation after adjudication. The adverse response always makes the rural matrical judge embarrassed for authoritative judicatory explanation and parties' loss and complaints. So this article is based on the practice of our country, analyzes the reason for the adverse response and proposes that the key of eliminating the adverse response is to search for their combination point—humanistic adjudication. The body has been divided into three chapters. The structure is as follows:Chapter 1 elaborates briefly the two concepts of "objective fact" and "law fact", amplify their relationship by analyzing the relative concepts, verifies that the judge's knowledge degree of case's fact is restricted by all kinds of conditions and it is just relative, not absolute. Then further prove that it will be a certainty that disabsolutization of fact makes evidence rules available.Chapter 2 elaborates adverse response of Some Provisions of the Supreme People's Court on Evidence in Civil Procedures operating in rural with citing firstly, then inspects the social background and value orientation of Some Provisions of the Supreme People's Court on Evidence in Civil Procedures and it's main contents, derivates social conditions of Some Provisions of the Supreme People's Court on Evidence in Civil Procedures operating. Basing on the reality of china's rural community, analyzes the low knowledge of client, the old awareness of the concept, the pool litigation capacity and scarcity of legal services in rural are reasons of adverse response.Chapter 3 mainly solves how to buffer and decrease the adverse response during the application of Some Provisions of the Supreme People's Court on Evidence in Civil Procedures , claims that the key of eliminating the adverse response is to search for their combination point—humanism adjudication. Humanism adjudication has theoretical basis and realization. Informing the litigation risk in time, strengthening explanation right of judges, expanding of surveying evidence, increasing legal services in rural can reduce adverse response. Of course, humanism adjudication is limited.