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Research On The Rule Of Corroborative Of Civil Procedural

Posted on:2011-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:X F FanFull Text:PDF
GTID:2166360302494577Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Rule of Corroborative is an important rule in the system of evidence. Civil Procedure Rules of Evidence reinforcing evidence system is a statutory scope of the exception is a free evaluation of evidence; it is from the perspective of the evidence to prove the use of force should be limited; the number of rules is not only the quality of rules; reinforcing the evidence that the object should be and being reinforcing the evidence with a certain degree of overlap. Civil legal basis for reinforcing the rules of evidence, including: evidence referees principles; limit the discretion of the judges, as well as reinforcing rules of evidence in civil proceedings and civil proceedings in the true relationship.Two Schools of the civil rules of evidence reinforcing the legislative and theoretical study of the rules of evidence as there is no criminal reinforcement into the system, mainly for instruments of evidence reinforcing the rules of evidence provides that the mandatory Two Schools of criminal proceedings the judge to remind the program to prove that the standard rules of evidence in the reinforcement and the reinforcement of the use of reinforcing the rules of evidence analysis of the extent that the use of civil proceedings in these systems.In spite of our rules of evidence have reinforced some of the more details of the provision, there are still many problems: the lack of systematic legal provisions, in the form of legislation, codes co-exist with the judicial interpretation, legislative front there is contradictory; reinforcing evidence and circumstantial evidence, grants evidence of confusion; party statement as evidence of the scope of the provisions have been reinforcing unclear; the lack of procedural safeguards investigation. The existence of these defects is not conducive to reinforcing the activities of the rules of evidence in the proceedings a real role to play. China's Civil Procedure Rules of Evidence of sound reinforcement, including the need for improvement in vision and concrete. China's Civil Procedure Rules of Evidence has reinforced the reality of the need for its existence. Improve specific ideas include: strengthening the legislative focus, raise the level of sex; clear on the reinforcement requirements; a clear statement of the parties has been reinforced in scope; refining the rules of evidence reinforcing the procedural safeguards, while making other should apply to fill strong rules of evidence of the case and the corresponding support mechanisms to perfect to make a few comments.
Keywords/Search Tags:corroborative evidence, rules of evidence, rule of corroborative, the rule of corroborative evidence, language evidence
PDF Full Text Request
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