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Dimension Of The Falsification Of Administrative Proceedings

Posted on:2007-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:C WuFull Text:PDF
GTID:2206360185972514Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The evidence is the core of in the field of litigation, moreover, the litigation proof plays a more important role in litigation. That is to say, the litigation proof theory is an important research topic. However, this interesting research area is too ultraconservative and self-satisfied with old practices for demonstrating the logic leadership to move forward to a new layer. If the process of litigation proof carries on the analysis of attesting to falsity will certainly pour the new vigor into our domain research. This dissert discusses from the breakthrough of the original affirmation epistemology in the litigation proof and focuses on the research of traditional litigation theory and the proof system in the administrative proceedings by means of proving falsifications.Theoretically, the logic of verification has occupied the dominant position of the traditional litigation proof theory for a long time. The proof of falsifications challenges its confirmative approach and then puts it in the position of "the vague science", positively seeking for the maximum discovery of the real degree of the probability in a case. After the subversion of the traditional litigation proof theory, this dissert argues that the basic epistemology of the modern litigation proof should be reconstructed emphasizing on the proof of falsifications, and establishes the modern litigation proof theory which takes pursuit of the acceptability of the fact of judgment as its basic point, the acceptability judgment of the evidence as its standard. The modern litigation proof theory should be instructed by the epistemology of proof of falsifications mainly and the affirmation of true little.With carefully examining the administrative litigation proof system, it can be discovered that the administrative litigation...
Keywords/Search Tags:Litigation proof, proof of falsifications, aff irmationism, the responsibility of proof, the standard of proof, the exclusion of illegal evidence
PDF Full Text Request
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