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The Evidence Power Of Identified Conclusion

Posted on:2010-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:M R TanFull Text:PDF
GTID:2166360275482006Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the evidences prescribed by the three major suit laws, in comparison with other types of evidence, identified conclusions is scientific, procedural and of independence. Evidence power of identified conclusion is the prove extent on the facts of the case by a judge with the comprehensive judgment on the relevance, authenticity and legitimacy of the identified conclusion.Based on the unique of the identified conclusion, the evidence power of identified conclusion is affected by a number of factors. Appraisers'qualifications and experience have an important effect of the identified conclusion, whose experience and position of neutralism are the guarantee for the authenticity of identified conclusion; the perfection of the commission is in favor of avoiding the influence from the other party, and also strength the power of the court, improve the efficiency of suit, save the cost and expense of the proceeding, maintain the neutralism of the identification; the authenticity and legitimacy of materials submitted for the identified conclusion are the basic requirements for maintaining the stronger power of the identified conclusion, the way the technology used in the identification insures the credibility of the identified conclusion, and appraisers must finish the identification without any oversteps of the spectrum; the report of conclusion is the appraisers'direct result of work , submitted in the form of writing, so standardization management to regulate the report is an effective method to prevent the decline of the evidence power; examination in court is necessary for decide the evidence power which burdens the task to exhibit the equity of the justice, appease the parties, balance the rights and liabilities; judges'judgment weather to adopt or not is the final decision for the evidence power of the identified conclusion, which needs to construct on certain rules and principles, otherwise the abuse of the conclusion will sure decline the evidence power.We shall construct a finish legislation to perfect the evidence power of the identified conclusion and a scientific admission system for the judge, and improve the legal awareness of the public, avoiding the embarrassments that the conclusion facing in the justice practice and providing effective safeguard for the achievement of justice.
Keywords/Search Tags:Identified Conclusion, Evidence Power, Effect Factors
PDF Full Text Request
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