Font Size: a A A

Proof System For Study

Posted on:2004-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:X J YangFull Text:PDF
GTID:2206360125461278Subject:International Law
Abstract/Summary:PDF Full Text Request
The civil adjudication mode reform excessive in our country of the later stage of 80 decade was with reinforcing involved party's producing evidence responsibility as a point of penetration. Though at that time, the motivation of reform was only to make the court get rid of increasingly heavy work of investigation, once the prologue of reform pulled open, chained reform came one after another, eventually civil adjudication way and even the overall reform of civil lawsuit system had initiated. The reason strengthening involved party's responsibility of producing evidence can cause the overall reform of civil litigation system is that evidence system is the key position of civil lawsuit system. Look back so far evidence system reform, it can be discovered that it is extensive to be concerned with many aspects, including burden of proof, the responsibility of producing evidence, limitation of proof, evidence rule, proof standard, specific kinds of the evidence. But "It is regret that though the civil adjudication way reform of our country began to start in the beginning of 90 decade from last century, it is the reform heart to emphasize involved party's burden of proof, and overlooks the procedure guarantee for involved party to perform burden of proof, disregarding the right of involved party and lawyer to investigate and obtain evidence". To take strengthening involved party's burden of proof as starting point of adjustment the civil lawsuit pattern of our country, is to have grabed vital part and key, and is the key link to finish the transfer of the lawsuit pattern of our country from adversary system to accusatory system, and is also all basises to strengthen and substantiate the lawsuit right of involved party and adjust the relation between the lawsuit right of involved party and judicial adjudication right. But we can't isolatedly and merely be confined in this step, only to emphasize involved party's burden of proof, as well as the logic relation of failure without producing the proof. It is very far away from genuine adjustment of lawsuit pattern. The last sign of the transfer of litigation pattern from adversary system to accusatory system is not on the reinforced lawsuit responsibility of involved party and the decreasing of judicial burden of the court, but on strengthening lawsuit right of involved party and weakening judicial official powers and direction over. In current reform, the contradiction between extra-reinforcement on burden of proof and rarefaction of obtaining evidence right are put realisticly in front of us, the author only attempts to carry out all-directional analysis and discussion about investigation and obtaining evidence right of involved party, from the relation of judicial adjudication right and the lawsuit right of involved party as a incision mouth based on the concern for this problem. Around this theme, the author spreads out discussion mainly from three aspects following: the system of limitation of proof, the relation both involved party's producing the evidence and the right of investigation and obtaining evidence of court, theguarantee of procedure and right for the right of investigation and obtaining evidence. Particularly, in this proposition of limitation of proof, the author have carried out corresponding analysis for the time spot of time limit system of producing the proof, and have made related suggestion in order to perfect legislation for the time limit system of producing the proof. In the theme of the relation between involved party to produce the proof and the court to investigate the evidence, the author thinks that this is reflection of the relation lawsuit right with adjudication right on investigation and obtaining evidence. More different than the view of "either this or that" about involved party's producing the proof and investigating evidence of judge, the author agrees with the procedure setup of "STIPULATION" about collecting evidence system, pursuant to involved party firstly and mainly, judicial authority investigation secondly. After making c...
Keywords/Search Tags:Producing the evidence, Limitation of proof, The judicial investigation of the evidence and the involved party's producing the evidence, he right of investigation and obtaining the evidence
PDF Full Text Request
Related items