On The System Of Judicial Notice In The Civil Action

The judicial notice, which is also called judicial knowing, is a kind of method of lawsuit proof which mean while the case is tried, judicial confirms the authenticity of some specific items directly and does not need proof of evidence. The judicial notice, as the exceptional rule of burden of proof, is of great importance to improve lawsuit efficiency in practice and save judicial resources.The brief introduction to the rule of the judicial notice in this article is mainly located in distinct definition toward itself theoretically and the analysis of the theoretical foundation which the rule of the judicial notice comes into being. Distinguish the concept of the judicial notice from the general target of proof and the other exempt rule in order to understand the rule of judicial notice deeply. After making an introduction, comment and analysis toward the rule of relevent judicial notice of other countries and regions and the function and the effectiveness of the judicial notice, it is obvious that the rule of the target the judicial notice is ambiguous and insufficient in our country' s legislation. Through discussing and analyzing the existing insufficiency of the target of th judicial notice, give advise to the direction of reform at present in our country' s legislation.