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Study On The Issue Of "New Evidence" In Civil Action

Posted on:2010-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360275960804Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The rule of "new evidence" in the civil action is an essential part of evidence rules.In the development course of the civil action in China,substantive justice is always the goal that human beings seek.New evidence which is regarded as the exception of proof limitation is influenced by thought of Substantive justice.The present Civil Procedure adopts the method that the evidence can be given at any time which causes many problems.In Dec.21,2001, Several Provisions On Civil Action Evidence is issued by The Supreme People's Court which overcomes the deficiencies to a certain extent,but its limitation is obvious.So it is essential to establish the rule of "new evidence".This thesis is written by the method of the combination of comparative study and theoretical analysis.At first,I analyze and compare the foreign legislative examples.Then, analyze the deficiency of our system.And at last,I raise my individual points on the reform and perfection of our system.This thesis has four parts.There are about 30,000 words except preface and conduction.Part one:the overview of the "new evidence".This part is beginning with the implication of the "new evidence" at different stages,and redefines the concept of it.Then,discuss the historical evolution of "new evidence" through the development process of proof limitation system,and analyze the manifestation of "new evidence" in the different historical stages, which provide the theoretical foundation for the system of new evidence's improvement.Part two:A Comparative Study of the "new evidence".This part through a comparative analysis of new evidence's legislation of the United States,Germany,Japan and Taiwan region of China,realize that various countries and regions haven't completely ruled out the application of "new evidence",which leave the space of existence to a different extent. However,according to the differences of its legal tradition,the concept of the proceedings and the trial mode,the manifestation is different.Therefore,at the legislative process of "new evidence",our country should be fully taken into account the actual situation in our country, but not blindly copy the foreign system.Part three:the present status of "new evidence" in our country.This section analyzes the relevant provisions of "new evidence" before and after the promulgation of Several Provisions On Civil Action Evidence,describes the course of development of "new evidence" in our country,and makes the connotation of first instance,second instance,retrial and could be regarded as "new evidence" clear.In our country,the regulation of "new evidence" is too strict,but such a strict set of "new evidence" does not have the background of the rule of law and system guarantee,lack legitimacy and rationality,and lead to the judicial practice difficulties.Therefore,there is an urgent need to improve the relevant system,so that "new evidence" can play its effectiveness.Part four:the improvement of the rule of "new evidence".This section is the focus of the full text.For the problems of the present "new evidence" rule existing which the third part referred,this part puts forward a series of improvement measures.In view of our country do not have the reality to implement strict "new evidence" rule.In my opinion,our country should be set up loose specific "new evidence" rule,and improve the corresponding system, such as set up the compulsory defending system,improve the preparation procedures of pre-trial and strengthen the right of judge to interpret.At the same time,this part also makes the proof methods and legal consequences of presenting "new evidence" clear.
Keywords/Search Tags:new evidence, proof limitation, substantive justice, loose
PDF Full Text Request
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