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On Perfection Of Open Heart Certification Of Our Civil Trail Procedure

Posted on:2009-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiongFull Text:PDF
GTID:2166360278469859Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Open heart certification is a fundamental mark making modern heart certification of freedom differ from traditional heart certification of freedom, is a new stage of development of modern heart certification. The judge make the fact of case and evidence point of view open to the parties and the public in the trial process or make decisions. Open heart certification is the best effective way to limit the free heart certification, which not only makes the free judge power best effective but also limit the subjective and arbitrary mind of judges. The course of justice, the effectiveness of the procedure, the neutrality of the judiciary, the procedures involved in the implementation of the right need us to implement open heart certification. Open heart card system has become a inevitable trend go long with the free evaluation of evidence.In china, "Supreme People's Court on a number of civil evidence" (hereinafter referred to as "evidence regulation") initially established the system of open heart certification, but the system of verification provisions system is unscientific and imperfect, system of clarification is also not completed. In order to improve our system of open evaluation of evidence, it is necessary to further improve the "evidence regulations" which include decision reasons system and clarification system, then take it as a basis, construct the open heart certification in line with China's national conditions. Take the parties as the core, and then construct our open heart certification system containing principals, content and supervision of open heart certification. If successfully construct this system, the aim of limiting the judge's arbitrary and guiding the client's suit ways will come true.
Keywords/Search Tags:free evaluation of evidence, open heart certification, the supervision mechanism
PDF Full Text Request
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