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Parties To Civil Proceedings Statement Of Negation Of Negation

Posted on:2008-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:H F ChenFull Text:PDF
GTID:2206360245982564Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country, the party's statement is one of seven kind of independent evidence in the civil procedure legislation. Along with the development of science and technology, and the changes of theories in the civil procedure, the independent evidence status of the party's statement encounters "challenge". Moreover, the evidence status establishment which stated in the legislation does not indicate that it certainly has the independent evidence qualifications. The independent evidence status of the party's statement formed under the specific historical condition, but the party's statement's own attribute and characteristic had decided that it didn't have take the independent evidence condition .The author deny the independent evidence status of the party's statement. Firstly, the author deny its independent evidence status from the historical development of evidence system. Along with the development of science and technology, the method of evidence is evolving form God profs,Human profs to Matter witness. At the same time, its independent evidence status is vanishing. Secondly, the author deny the independent evidence status of the party's statement from the side of theories of the civil procedure. Along with the establishment of the Social Lawsuit view, the fundamental pattern of civil procedure developing from adversary system to authority system, and the implementation of the debating principle and disposition right in the civil lawsuit, the independent evidence status of the party's statement is not adapting the changes of the society more and more. On the other side, the author analysis the concrete content and characteristics of the party's statement, and vacillate its independent evidence status further.The author institute the party's statement, and emphasis its lawsuit function. Finally, take some suggestion for institution.
Keywords/Search Tags:civil procedure, evidence, the party's statement, the value of evidence
PDF Full Text Request
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