Civil Evidence Capacity Study

Evidence ability, also called the evidence qualifications, are refer in the court try for the proof case fact but to be able to take the evidence use the qualifications, in the English America evidence law, the evidence ability are called admissibility of evidence, the evidence ability and the strict certificate are inseparable, in the civil action, depends on supports the department which the litigant right advocated to struggle the case fact the proof, belongs to the strict proof category, its evidence must have the evidence ability. In a word, the evidence ability is the standard what kind of evidence material permission is accepted by the court the acceptance the question. The evidence ability and the evidence's relation close relation, the evidence's relevance inspects the relations between the evidence and the evidence waits the card in the proof, is one kind of experience fact, completely receives the logical principle the control, but the evidence ability is the evidence can be admitted, is a legal appraisal question, is decided to the evidence method rules and regulations, the two relations is in advance the evidence's relevance for admissibility of evidence premise and the foundation, but all have the relevance evidence certainly to have the evidence ability by no means, it also receives removes the rule and its the exception stipulation restriction, although so, The connection rule is still called in the English America evidence law the standard evidence ability "the gold rule".The evidence ability and the certificate strength close connection, proved the strength is the evidence waits the card in the proof and the case to manifest its value size and the strong and the weak condition or the degree in fact. The evidence ability is the foundation of the certificate strength, but the certificate strength is the evidence ability further realization, the two mutually is a condition, mutually transforms. The lawsuit pattern has the extremely profound influence to the evidence ability rule establishment, the common law system picks the litigant principle lawsuit pattern, proposed the evidence and promulgates its proof value is litigant's responsibility, the judicator only can the evidence which proposed based on the litigant recognize the fact, the litigant presents evidence the activity to have the decisive influence to the lawsuit result, the litigantpresents evidence at will and the deviation both is easy to delay the lawsuit, reduces the efficiency, and easy fuzzily to dispute the struggle main point, creates the genuine and fake to be difficult to distinguish, also because jury system being in vogue, in order to safeguard the jury to recognize the fact objective, must be possible to help the utilization evidence scope to the litigant to give the essential limit, Therefore the evidence ability rule becomes the English America evidence method core content, and the related evidence may the picking stipulation, in the law very little make the positive adjustment, generally only negatively the situation which limits is given on the non- evidence ability or its ability the dark ink. Therefore, looked from the standard content, cannot be admitted the evidence becomes in the English America method evidence to be possible the picking center of gravity. The civil law system country picks the authority principle lawsuit pattern, the esteem "judge is credible" the idea, the evidence investigation for judge's inherent responsibility, the litigant although is authorized to proposes the evidence and the request investigation questioning witnesses, but whether allows the decision-making power lies in judge. More importantly for verifies the case truth, judge even may surpass the scope which the litigant presents evidence, the another line collects the evidence, thus even more emphasizes the court investigation in the mainland legal system to the case substantive influence, but is not willing through the legal rule to define judge may help the investigation evidence scope, are extremely few regarding the evidence abili...