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Table See Proof Of System Research

Posted on:2007-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:L B LiangFull Text:PDF
GTID:2206360182990844Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The investigating on basic theory should pay attention to the forward looking and imitativeness, in the mean time;the applicable investigation should think a lot of the practicability and the availability. The aim of this paper is investigate on the Prima facie Beweis theory which by all appearances belongs to category of the basic theory and shaped in Germany, pin my hope on some assistance on the normalization of the evidence evaluation in the judicial practice of our country. In Anglo-American law system, res ipsa loquitur is a rule which is parallel with the Prima facie Beweis, and in Japan the rough proof does. But in China, researches on the system of Prima facie Beweis are just started. This paper speaks in recommendation of the subject matter of the Prima facie Beweis point for point. First, review on the concept and the significance of it;second, describe the evolution course of it;third, recommend on the related doctrine of it;third, distinguish the relevancy concept of it. And in the end, the paper tries to analyze some cases of our country by means of the theory of Prima facie Beweis. In process of writing, the author uses the material up to date as far as possible, try to endow with the forward looking of the paper. In some sense, this paper is just the continuation of the forthgoer for they have tried to do some research ahead. But the author brings forward his viewpoint as best as he can in each substantial of it. The author takes sufficient consideration on the practicability and the availability of the Prima facie Beweis in the process of the research, for the juristic theory and the practice goes hand in hand always.Far from learning the second bachelor in CUPL, the author is puzzled by the aspect of the research methods of the legal paper. The author has doubts about the existence of the self-governed research methods in the realm of jurisprudence. As far as the paper writhen by the doctor and the master, the research methods they alleged (include logical deduction, induction and comparative research etc) are no more than literature's stacking and cannot persuade the author look them equate to the quality analyzing or quantizing analysis in sociology area and a variety of the mathematic model in the area of economics. By this reason, there is not the existence of the research methods but the research process in this paper. In the course of the writing, by means of reading up on related data, the author has a general knowledge on Primafacie Beweis and related doctrine. Then dig out valuable issue after scavenging relevant laws of our country. Writing down immediately when have some point of view, add or delete it after a few days, tip of the day, the paper is forming. Hence, most of the text are individual ideas of the author, may not be mature, but are the record and fruits of the author who think of and learn for about one year on Prima facie Beweis. The structure of the paper is as follows:In chapter I, first of all, the author induct the Prima facie Beweis theory from macroscopic view, bring forward the author's point of view throughput analyzing a variety of scholar's definition of Prima facie Beweis. Moreover, the author lays emphasis on the signification of the Prima facie Beweis.In chapter II, from the Roman law's proverb "res ipsa loquitur" to "the thing speaks itself in Anglo-American law system, then to the accumulate of Prima facie Beweis from the case law in Germany, and at last introduce the approximately presumption and the differences of apprehension and dispute over Prima facie Beweis in Japan, the author track down the history of the Prima facie BeweisIn chapter III, proceed with introduce and comparison analysis all kinds of the doctrine about Prima facie Beweis, the author bring forward his apprehension on the essential of Prima facie Beweis, besides, for the sake of stand out and strengthen the understanding of Prima facie Beweis, the author summed up the concepts which are correlated to and similar with the Prima facie Beweis.The aim of chapter IV is to illustrate that the introduction of the Prima facie Beweis is by no means advocate it to be the acme of perfection theory, by this reason, the author submit his recognition on the defect of Prima facie Beweis and the remedial measures may adopt.The aim of chapter V is to tease out straightforward the existing research circumstance in our country's academic community. The author analysises the section about Prima facie Beweis in Some Provisions of the Supreme People's Court on Producing Evidence in Civil Actions, then explode the accept or reject attitude in the Evidence Code Draft of some scholars of our country. At the long last, the author try to design frame of Prima facie Beweis.
Keywords/Search Tags:Prima facie Beweis, typischer Geschehemrablauf, rule of thumb, evidence evaluation
PDF Full Text Request
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