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On The Prevention And Response To Unknown Fact Of Civil Procedure

Posted on:2010-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:S GuanFull Text:PDF
GTID:2166360275960387Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The life of the law is really depends on justice.The evaluation criteria on effect of the justice should be Whether it has accessibility,acceptability,enforceability or not.From the perspective of logical syllogism of the administration of justice,the process of hearing a case is that specific legal provisions are applied into the facts of the case process.The basic truth as a referee is one of the minor premise.When the authenticity of unknown truth,they tend to make a distance between legal assume and judicial practice,resulting in the administration of justice and the legal effect of the departure from the social effects.This departure performance,because of the authenticity of the facts of the case is unknown,even if the rules are made strictly accordance with the law.Its social effects are not satisfactory, that is difficult to achieve its acceptability.If the judiciary does not have a good acceptability, it can not be a good safeguard judicial authority,absorbing social discontent,stable social order.This is harmful to building a lawful country and harmonious society.Therefore,to build the rule of law and a harmonious society,and to make the administration of justice with good acceptability,it is necessary for the referee to the fact that the authenticity of unknown status to prevent and respond to the right.In this paper,that is,in order to protect and promote civil justice for the acceptability of the effect of perspective,the facts surrounding the authenticity of a civil action to prevent and respond to unknown start on.Article is divided into three parts:PartⅠ:Civil truth unknown to the general definition of authenticity.On the Analysis of the concept of truth,discriminating the facts of life,the facts of the case and the magistrate analysis of the facts in the field of procedural law.This paper mainly refers to the fact of judgment,that is,after the debate in the court proceedings,the trial use rules of evidence, through the analysis of evidence,and at last form the basic fact to make a decision.Analysis what is the authenticity of truth unknown,expatiate specific judge criteria in civil procedureof, and the harmful to acceptable to the administration of justice of the prejudice,explain the necessity of preventing and properly responding to the fact that authenticity unknown.PartⅡ:How to guard against unknown in civil proceedings.This section includes the causes of the fact that the authenticity unknown.The fact's discovery in proceedings rely on the evidence of the truth,even epistemology of dialectical materialism and Western rationalism all providing a theoretical foundation for this.However,finding evidence in the proceedings is not absolute truth,and it must be subject to judicial restraint.But the lack of evidence is the cause that the authenticity of civil unknown.This is mainly because the lack of evidence awareness of the main civil disputes before proceedings,civil procedure irregular, and because the ability of the parties to gather evidence is weak,lacking a corresponding system of protection,and the standard of proof is unreasonable.We can learn the cross-examination of common law system,justice ming release system of civil law system, which will make an effective role toguard against unknown.According to the judicial status of our country,it is necessary to effectively prevent a civil action in the fact that the authenticity of the occurrence of unknown status.First of all,we should pay attention to strengthening the evidence awareness of the parties.Secondly,The parties and their agents should be given more rights of investigation and evidence collection,making them more close to mechanism.Thirdly,learn from Anglo-American legal systems to use specific flexible standard of proof,according to the different circumstances of the case.PartⅢ:Civil action to deal with the fact that the authenticity unknown.In order to achieve acceptable results,we must try to prevent and avoid the occurrence of unknown authenticity.However,because of the limited nature of human rationality,the fact that the authenticity can not be absolutely avoided.Then how to achieve its acceptability when the case of the authenticity of truth unknown,is the main problem discussed in this part.Refused to appear,burden of proof through the application of decision and mediation are ways can be thought of.Refused to appear runs counter with the original intent of our country to set up the trial system to settle disputes.And by demonstrating the application of duty to make a "rigid" black and white decision,although strictly according to the substantive law and procedural law to make,we can not achieve good results in the administration of justice.The mediation to deal with the fact that authenticity unknown,has its unique advantages,but there are also a lot of deficiencies,which need to be further improved to achieve better acceptability of the results of treatment.
Keywords/Search Tags:Authenticity, Prevention, Deal, Acceptance
PDF Full Text Request
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