Evidence In Civil Proceedings Relevance

The relevancy of the evidence in the case is the basic attribute of the latter. In the field of litigation evidence, the study on it makes great sense, which has been fully recognized by the common law system, while the "Relevancy Rule" is called "Golden Law". But in the field of civil procedural law of our country, there are conflict views on the content of the relevancy of the evidence, what's more, the studies are rare and scattered as far as the related problems are concerned. It is through the evidence in civil suit that this article wants to discuss the basic content of the relevancy of the evidence, the related theories on this field, and the cognizance of the relevancy of the evidence in system and in deep. Further more, this article comes up the blue print of the establishment of the "Relevancy Rule" of the evidence hand in hand with the tide of the reformation of civil evidence in our country.The article contains about forty thousands words and is divided into five parts.Part IThe discussion on the basic content of the relevancy of the evidence. The latter is referred to as the "least and real relevancy" in legal effect between the evidence and the "fact" which is still to be justified. There is close relationship between the relevancy of the evidence and the ability, capacity of the evidence. Part IIThe observation and study on the general situation in common law countries and civil law countries. This article is to analyze the difference situation between them and to discuss the reason of it on the consideration of the different legal tradition and system foundation of the two.Part IIIThe analysis on the regulation of the relevancy of the evidence in our country, and the understanding of it in the jurisdictional practice. The prescription of the relevancy of the evidence in our country is the reflection of the pursuit for the "real fact" in the civil suit in China. In result, the legislation on evidence pays too much attention to the weight of the evidence, while neglects the credibility. Part IVThe discussion on the establishment of the "Relevancy Rule". This is the focal point of this article. The establishment of the rule in our country is so necessary that this article is to discuss the general and concrete assumption of it. Further more, the legislative intention is to be explained. Part VThe cognizance of the relevancy of the evidence. The basic rules in it is to be discussed, and special cases are to be provided to be analyzed as far as the point-the basic problems related with the cognizance of the relevancy of the evidence. And the basic methods to authorize the legal effect of the evidence are to be raised on the foundation.