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The Object Of Proof Of Civil Procedure

Posted on:2007-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z M WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
As a method to solve the dispute between the parties, the primary mission of the civil action is to verify the happening fact and judge accurately according to the laws .The evidence system is one of the core systems of civil action, playing a vital role in the civil action. The consummation of the evidence system or not is deciding directly the degree of justice and efficiency of lawsuit, involving in the realization and protection of the parties and the public rights and interests, affecting judicial organ's authorities and people's trust also. Therefore, the evidence question is always the key in the lawsuit theory, various countries' scholars give enormous attention to it.The evidence law, in brief, is one what happened facts are to be proved by the evidence, consisted of nothing but the evidence and the certification. In proof system, the object of proof is the vital link. Only when the object of proof is cleared, we can further make sure who is responsible for burden of proof, what degree facts will be proved, and how the procedure goes on; only when the object of proof is cleared, proving actions such as take-evidence, adduce-evidence, attest and cross-examine can carry on with a clear goal. However, according to the present research, the study home or foreign is still superficial. The writer of this author is to analyze this question and review it deeply.The full article is constituted by five parts, approximately 30,000 characters.In the first part, the writer above all generalizes the concepts of the proving and judicial proving, the proving to himself and proving to others, the detecting and generalized object of proof, then states why we should study it.In the second part, the author divides the object of proof into three levels: the abstract object of proof, the concrete object of proof and the object of proof which need to be proved by evidence. This is a...
Keywords/Search Tags:proving, judicial proving, object of proof
PDF Full Text Request
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