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New Evidence In The Civil Action

Posted on:2006-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:M MengFull Text:PDF
Abstract/Summary:PDF Full Text Request
The evidence produced at court is taken as fresh evidence if it hasn't been produced before the session. Before the rule of evidence was carried out, fresh evidence had no difference in admissibility and evidentiary effect with those produced before session except the definition. But now .effective evidence must be raised during the limitation for adducing evidence .This paper will discuss these problems of the fresh evidence on the base of advanced experience abroad and the domestic development of fresh evidence .There is no doubt that fresh evidence plays an important part in finding out the trueness which is the legislative purpose of the rule of evidence. Should the fresh evidence become invalid as the regulations of the Supreme People's Court or.should it be adopted if there is compensation for the loss as sanction? The key to the problem is the system of the rule of evidence. This paper focuses on related regulations of the Anglo-American law system and the continental law system in order to offer advice to the development of our evidence code.
Keywords/Search Tags:fresh evidence, finding out the trueness, efficience of action
PDF Full Text Request
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