Theoretical Study On The Acceptance Of Defective Evidence In Civil Procedure

The specialists of the law of civil procedure have been paying lots of attention to the theory of defective evidence. In the judicial practice of our country, some questions are so difficult that traditional evidence law theory couldn't give them proper interpretations. So in this essay, we will study and discuss the basic theory of defective evidence. We hope that this essay could contribute a little in understanding the traditional evidence theory deeply, and improving the study of new evidence theory so that it could be adapted to the current situations. Furthermore, we hope that this essay could help to resolve the difficulties which have been encountered in the judicial practice. And last but not least we'd like to promote our country's development and perfection of the evidence legislation thorough this essay.This essay includes five chapters, the abstract is as followed:The first chapter is the foreword of the introduction about the necessity and significance of researching for defective evidence. The second chapter introduces the meaning of defective evidence and classified it in Current civil law legislation. The third chapter of this essay interprets the admissibility of defective evidence in civil procedure which includes two parts:the first part contains the principles of evidence admissibility in civil procedure while the second part is the analysis of the rules of the admissibility in defective evidence in current legislation. The fourth chapter provides some legislative Suggestions about defective evidence. And the fifth part is the conclusion which is a summary of this essay and the views of the writer.