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On The Application Of Indirect Evidence In Civil Action

Posted on:2016-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:B GuanFull Text:PDF
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With the development of evidence system, the use of indirect evidence has been received more and more attention.However,due to indirect evidence’s character of dependency, indirectness and complex, it has always had flaws in the application,which makes the research about application of indirect evidence in judicial practice is very necessary. This thesis starts from analysis of the use of indirect evidence in “ Zhongshan case”, and defines the meaning,function and application rules; Then it analyzes the plight of the indirect evidence’s application in civil action,whose effectiveness is restricted by the three aspects of the inference rule,proof standards of “high probability” and the attitude of judge. Based on its restricts, the thesis suggests that it should improve the inference rules of indirect evidence, actively stir the initiative of the judge to use indirect evidences,and appropriately revise the standard of indirect evidences etc. The thesis is aimed at the change of the status quo of the indirect evidence, playing a better role in civil actions.
Keywords/Search Tags:Indirect evidence, inference rule, dilemma, consummation
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