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On The Construction Of Civil Evidence System Of Loss

Posted on:2007-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:H X ZhuFull Text:PDF
GTID:2206360185472124Subject:Law
Abstract/Summary:PDF Full Text Request
The voidance institution of civil evidence refers to the system that the party concerned who bears the responsibility of offering testimony failed to bring evidence to the court within the period designated by law or by the court and is forbidden to bring testimony again and hence loses the right to offer testimony . The shortage of this institution in the civil litigation legislation and judicial practice resulted in the instability of testimony efficacy and therefore seriously affected the order of stability litigation and the promotion of litigation efficiency.In Dec.2001,Several Rules of the Supreme People's on Civil Litigation Testimony first regulated clearly about voidance institution of testimony in the form of judicial interpretation, making the civil litigation institution advance.This dissertation discussed the problems of establishing this institution by combing theory with practice. The text falls into four parts. Part 1 introduced the contents of this institution and its significance in helping the realization of procedural justice and procedural stability as well as in promoting litigation efficiency. Part 2 introduced the institution in the USA, Germany, Japan, France, Macau and Taiwan District of China. Part 3 expounded the evolution and the current state of this institution in China, pointing out the unreasonable regulations in the present institution. Part 4 put forward relevant perfection concept of this institution, especially in establishing the idea of this institution. It is important to deal with the relationship between justice and efficacy as well as the relationship between legal facts and objective ones so as to pursue good approaches to perfect this institution meticulously.
Keywords/Search Tags:Civil litigation, Voidance of testimony, Time effectiveness for offering testimony, Several Rules of evidence
PDF Full Text Request
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