Civil Action Reinforcing The Rules Of Evidence Of That

The rule of evidence is very important in modern civil proceedings that judgedby evidence.In fact,civil litigation have to be made by the way of disputingevidence between parties and judges admitting evidence.The rule of corroborationoriginated from criminal litigation,and is prescribed creatively in China civilprocedure law, and has become an important rule of evidence.The rule of civilcorroboration has an important influence on civil litigation.In civil litigation,the rule of corroboration is seldom explored in two legalsystems or other countries,and the situation is the same in China.Therefore,toperfect the rule of civil corroboration has become an urgent problem to resolve.Atthe same time,the establishment of the Rule relies on several procedural values andit restricts the framework and program of civil litigation.The article consists of four parts other than preface.PartⅠ, the basic discussion of the rule of civil corroboration.Starting with theorigination of the rule of corroboration, in this part the author discusses thedefinition and characteristics of the rule of civil corroboration, and the values of theRule from the viewpoint of jurisprudence.The author holds that the role of civilcorroboration is the rule that in civil litigation when some evidence isincomplete,there requires other evidence to assure its reality. The characteristics ofthe Rule consist mainly of provable value rule,compulsory rule,quantity rule,legalevidence system and so on.In addition,the value of the rule of civil corroboration ismade up of two layers:inner value and outer value.The inner value is the essenceof the value of the Rule and shows the nature of the Rule.The outer value showsmainly the relation between the rule of civil corroboration and other rules ofevidence, the relation between the Rule and civil procedure law and otherrelations.PartⅡ, the elements of the rule of civil corroboration.Corroborativeevidence,corroborated evidence and standard of corroboration consist of the rule ofcivil corroboration.This part introduces emphatically all the elements.Corroborative evidence is the evidence which corroborates and perfects the provable value of corroborated evidence.Then all sorts and constitutive conditionsof corroborative evidence are elaborated. Corroborated evidence means it existsthe defects of provable value, and judges cannot find the fact of a case only subjectto corroborated evidence.The characteristic and scope of corroborated evidence arediscussed emphatically.Finally, the author analyzes the basic definition of thestandard of corroboration and points out what kind of standard should be appliedin the practice of the rule of civil corroboration.PartⅢ, theories of the rule of civil corroboration.Any rule of evidence suchas the rule of civil corroboration,must show some basic theories of civil litigationor evidence.This part analyzes such theories contained by the rule of civilcorroboration as the truth in civil litigation, freedom of proof and legal evidence,thestandard of proof.On this basis,we should understand better the theoriesconcerning the rule of civil corroboration.In other words,to study the rule of civilcorroboration supplies another way for exploring the theories concered.Thisconduces to the development of the practice and theories of civil litigation.PartⅣ, the realistic necessity, the existing defects and the improvement of therule of civil corroboration.Based on judicial practice and legislation of civillitigation,this part points out the realistic necessity, analyzes the legislative defectsof the Rule and puts forward suggestions on perfecting it.The present judicialsituation, such as the below qualities of judges,judicial corruption anddependence,imperfect lawyer agency and so on,makes the rule of civilcorroboration necessary in reality.Therefore,there are some issues existing inlegislation of the Rule as follows:how to determine the conditions of thecorroborative evidence, how to determine the corroborated evidence,and how todetermine the standard of corroboration. At the same time,we should perfect therule of civil corroboration on the basis of analyzation thereon.