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Analysis On Fact-finding Issues In The Civil Action

Posted on:2011-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:L C SuiFull Text:PDF
GTID:2166360305457460Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The problem of Fact- Findings is the core and foundation of civil action. Initially, the paper discusses the multiple dimensions of the meaning of legal facts. Then it analyzes the impacts in the process of Fact- Findings including rules of evidence,the evaluation of evidence,civil procedural model that in the Civil action. It attempt to identify constructive comments about the Fact- Findings system in the Civil action.This essay can be divided into three Parts:Introduetion,main content part and conclusion ,in which the main content part can be subdivided into three chapters.Through the analysis of fiction, the first part of the paper investigates the meaning of legal fact from three levels of meaning including a legal perspective, the subjective understanding of the fact and that elements of the distinction between legislative fact and adjudicative fact. The three levels of discourse makes the meaning of legal facts clearer.The second part discusses the formation of civil legal fact. The discovery process of civil legal fact (adjudicative fact) can be divided into three stages : parties collect and provide evidence, examine and verify evidence of the material, the use of evidence on the facts of the case to identify. Rules of evidence throughout the entire process of civil litigation. It regulates the presentation of evidence, cross examination and the admissibility of the evidence and probative force. Rules of evidence guides the activities of civil legal fact- findings.The main view of the third part is that civil procedural model affects the civil legal fact- findings. The authority doctrine litigant mode and the party doctrine litigant mode are the two basic structure of litigation. The latter has been adopted by the theory and the system in the modern civil procedure. The pure party doctrine litigant mode has inherent flaws. Because of the long-term effects from feudal civil ideas and the super -authority doctrine litigant mode, the civil parties has old concept of litigation, weak awareness of evidence , lower ability to litigation in the Chinese judicial practice. They are short of knowledge of litigation and ability to collect evidence. The current situation conflicts with the requirements of the party doctrine litigant mode. To change the current situation, we should improve the means and procedures about the investigation and collection of evidence . We also should improve the interpretation system. Gradually we will establish the fact-finding system and the civil procedural model that could be in accordance with the demand of many aspects of politic, economy, culture, social concept, the civil legal needs and so on.In this paper, the author takes the comparative study and the empirical research methods. He would try to recommend some practical proposal considering traditional Chinese culture and current conditions litigation, that could reconstruct our civil procedure patterns and the theory of fact-finding systems.
Keywords/Search Tags:Legal Fact, Rules of Evidence, Fact- Findings
PDF Full Text Request
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