The Blemish Evidence Of Civil Litigation

In the process of writing, the author divided the paper into six parts, following mentor's suggestions and proposals.The first part is the preface. Through a specific judicial case, author introduces defects. Evidence on Trial courts and criminal court for the same flaws that different, the evidence on caused a case of two entity ruling extreme, which caused the dual judicial practice and theoretical repercussions. Defects in some extent influence evidence of the entity, i.e., influence case verdict was substantive justice, therefore, there is a theoretical evidence for flaws and practice, the double value for study.The second part is the definition of the evidence for defects with discrimination. Evidence of the illegal evidence flaws with this study and border points that is the key. In civil law and common law, earlier will defect evidence attributable to the illegal evidence for illegal evidence, all adopt "illegal evidence elimination rule". But as the legal system of depth and development, the classification of for evidence also had the corresponding change, isolated from illegal evidence the flaws evidence. For evidence of the illegal evidence flaws with cognizance and bounded points the principle of unity, and follow the objectivity, authenticity from evidence of defects and correlation with illegal evidence's border points, and from evidence on the definition of three broad concept of flaws evidence. In this part of defects evidence, basic characteristics and basic types is discussed, and the author introduced the corresponding determination principle of flaws evidence.The third part is from defects existing evidence theory value and significance of the study on evidence. Meaning flaws from the theory value analysis, flaws evidence affects both parties in legal status of equality, procedural justice and substantive justice, proprietary autonomy principle litigation elements. Thus, for its theoretical research is valuable, on the one hand, in order to maintain the balance and substantive justice case, on the other hand also reflected the efficiency of lawsuit. In judicial practice also exist among the value and significance of research, not only for the judge to provide a unified determination standard, maintain the case program and entities, and to safeguard judicial justice the authority and litigation equality basic principles.The fourth part of the evidence from defects analysis on evidence ability. Evidence ability theory is Anglo-American law and civil law countries relatively developed theory, but the evidence for flaws evidence capability study on several special only legislation, such as the provisions of the flaws evidence for documentary evidence rules. With related defects in illegal evidence based on evidence, the legislation of defects in perfect our theoretical evidence theory of evidence ability lack phenomenon.The fifth part of proof ability from defects analysis on evidence. And flaws research methods of evidence ability, the same comparative method research with continental Anglo-American system related theory and legislation regulation, according to our country's judicial practice, make up and perfecting our theoretical evidence for defects of the forces of shortage.The sixth part is concluded, the concept, for flaws evidence theoretical value, evidence ability, proof force research to make brief summary, illuminate the author's viewpoint, and for this article shall explain the lack of place, the hope can derive for defects caused the theoretical evidence theory research.