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The Research On The Reflection Of Free Evaluation In Civil Judgement

Posted on:2011-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:J M SiFull Text:PDF
GTID:2166360305481320Subject:Law
Abstract/Summary:PDF Full Text Request
Justice must not only be done , but must be seen to be done , this famous legal saying is the best summary of the theme of this article . The topic of the thesis is how the free evaluation of evidence reflects in a paper of civil judgement . Judicial fairness is the terminal objective of the judicature . No judicial fairness no the due basis of the existing of the judicature . but if the judicial fairness want to be realized , the reflection of the free evaluation of evidence in the paper of civil judgement is certainly very important . But today the reflection of the free evaluation of evidence in the paper of the civil judgement is not enough , and the article just take this view to talk about how the free evaluation of evidence reflects in a paper of civil judgement .This article can be divided into four parts , the main contents of which are as follow:The first part tells us the general theory of papers of civil judgement . it distinguishs the differences between "judgement" ,"finding" and "order", and then talks about the structure and the contents of our country`s papers of civil judgement . On this basis , we will explain the relationship between the free proof and civil judgement .The second part firstly speaks of the general concept of free evaluation of evidence . The article sets forth the concept of the free evaluation of evidence from several aspects . After we make it clear , the paper discusses the requirements of modern free evaluation of evidence --the publicity of the free evaluation of evidence , which is very different from the traditional one . And the publicity of modern free evaluation of evidence must reflect in the paper of civil judgements so that the reader can understand why the decisions to come out . The publicity of free evaluation of evidence is the necessary requirement of the modern free evaluation of evidence , and the article explains the contents of the publicity of the free evaluation of evidence , clears the requirements of the publicity of the free evaluation of evidence and how to public the free evaluation of evidence , and then connects these to the requirements of the rationale of adjudication in our country .The third part takes us to see around how the judges` free evaluation of evidence reflects in the paper of civil judgements in other countries and areas ,by which ,we can study other countries` and areas` good experiences to make up the inappropriate writing and improve our countries` level in the writing of the paper of civil judgement . The forth part points out the deficiencies of the papers of civil judgement in our countries . After the above analysis , the article proposes specific measures to improve the level in the writing of judgement in our country .Finally , the article summarize the article and express the author`s hope of the writing a papers of civil judgement in our country .
Keywords/Search Tags:free evaluation of evidence, the publicity of free evaluation of judgement, rationale of adjudication
PDF Full Text Request
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