Principle Procedures On Court For Judicial Notice

Judicial notice of this Western concept of law in our country although legislation has not been clearly defined, but its practice is in civil proceedings has long been judges, juries and so widely used. However, the actual situation of its use in YU PENG case, Wang Hao, Nanjing Drum Tower District Court Judge by the subjective assumptions, derived from violations of public order and good common sense and the public's general awareness of, and undermines their personal image as well as further undermining the do not have much of the judicial authority. In fact, judicial notice of the wanton use in practice also have their deep roots. First, the Theorists have no knowledge of the common understanding of justice, emphasis is far from enough, and some even confuse with fact-free license and other related theoretic. In the Marxist theory of practice, Before the test of practice in the understanding of the practice should be further guidance, so practice, confusion has its theoretical roots. Second, the judicial notice the lack of institutional norms; judicial notice is not in legislation, and even the court's internal documents to be provided, which resulted in a lack of guidance in practice, binding. Western law, especially in common law countries of the Civil Procedure Code, Evidence Act, or most of a chapter in a large space to be provided for and Interpretation. The past two years, the scope of our court system set off a wave of judicial notice: to local customs and common sense common sense common sense, systematic, standardized, as a basis for adjudication. In particular, the Court of JiangSu Province, JiangSu Province has already organized and summarized the customs, common sense, be used to guide judgments, has received very good results. Legislative experience with the West and China's actual situation, China has established institutional system for cognitive theory of justice can be said to have begun to take conditions.First of all, in the legislation a clear concept of judicial notice, in the civil law to be clearly defined. From various provinces, autonomous regions can be combined in this region, determine the scope of jurisdiction of "known facts", and report to Supreme Court and the approval of Local people's congresses .In theory, the existing judicial notice was too narrow, only 1. One party against the other party a statement of the facts of the case and the request made it clear that recognition; 2. A well-known facts and laws of nature and the theorem; 3 . under the law or the facts are known, can infer the other facts; 4. What has been taken effect people's court to determine the facts; 5. What have been recognized as a valid certificate to prove the facts. Legislation, should increase the local laws and regulations, public order and good customs, foreign law, official, aware of the facts; and improve the case with Chinese characteristics, to guide system; a clear distinction between judicial notice and proof of the limits of the parties, in order to further streamline the litigation process, improve the efficiency of the proceedings pave .In practice, the program integrated into the existing system to go into operation, as well as the detailed requirements for the end of procedures, and are reflected in my all programs in the Civil Action, including this publicity program, counter-objection procedure, and link this procedure with the burden of proof programs. If the parties have a significant dissent, is not included within the scope of judicial notice, within the scope of the burden of proof onto the party. Finally, the judge permits the Evaluation of Evidence , to take judicial notice of the contents of the public to the ruling.After this series of programming, want to take judicial notice of the case at the present stage in China's surge in cases, serve to enhance judicial efficiency, protect the fairness and justice role.