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Studies On The Principle Of Discretional Evaluation Of Evidence In Civil Litigation

Posted on:2011-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LiuFull Text:PDF
GTID:2166360305491268Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of discretional evaluation of evidence is a principle system which was acknowledged by many countries. The legal system must endow the judge with the right of judging free evidence in order to ensure the objective fact definition. The principle of discretional evaluation of evidence was confronted with seriously historic misunderstanding and lack of systematical research in reality. Upon the above situation, the author put forward the assumptions of establishing the principle of discretional evaluation of evidence in china's civil litigation through complete research in the hope of enriching China's evidence system research accomplishments and providing theoretical support to judicial practice.The thesis was divided into four parts besides the introduction and conclusion.The first chapter is the general account of the principle of discretional evaluation of evidence and some essential issues, providing the basis for the whole thesis.The second chapter is the comparative study of the principle of discretional evaluation of evidence in Continental Legal System and Common Legal System in order to establish theoretical basis.The third chapter is the present situation of relevant regulations of china's civil litigation. The author introduced some current legislative situation and legal practice and emphasized the main existing issues.The forth chapter is to establish assumptions of the principle of discretional evaluation of evidence. The author gives a comprehensive elaboration from the evidence pattern to combine the principle with evidence regulations, judicial independence and construction of china's principle of discretional evaluation of evidence. The thesis is supposed to provide some reference opinions.
Keywords/Search Tags:The principle of discretional evaluation of evidence, inner conviction, evidence rules, evidence pattern, judicial independence
PDF Full Text Request
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