Study. Judicial Notice Rule

In recent years, the academic, legislative community and the judiciary of China have been focusing on and been committed to the growing evidence rules in order to construct a system of comprehensive evidence rules. Judicial notice rule, one of the traditional common-law system evidence rules being independent, is the intervention in terms of burden of proof borne from a special rule. In brief, as long as a legal matter pertains to the scope of judicial notice, the witnesses do not have to provide evidence, or be questioned. Instead it is identified by judge authority or on the parties'application directly. The rules of evidence itself has a strong research value, as a judicial shortcut, ensuring the repeal under the premise of the formal requirements of the evidence on the grounds that the evidence is unnecessary to be proved in practice and no prejudice to justice. So the value of judicial notice is to affect the allocation of the burden of proof, improve the efficiency, and save judicial resources. However, judicial notice rules are at the very preliminary stage in China, and have been mostly concentrated in relevant judicial interpretations, which neither orderly regulates the litigants'burden of proof and the judge's authority, nor to help solve the contradiction between the low efficiency of litigation and the lack of judicial resources.Starting from the basic problems of judicial recognition, by focusing on the subjects of judicial notice, using the procedures of judicial notice as solvement to the status of judicial notice, this paper has been mainly targeting of finding a breakthrough way to promote the construction and development of the rules of judicial.This article is divided into four parts. In the first part, an overview of judicial notice is elaborated, via introducing the concept of judicial notice, characteristics, effectiveness and the distinction from other concepts, which helps to clarify the current understanding of it. In the second part, the object of judicial notice, the main judicial inquiry belonging to cognitive territory is described. In the third part, the judicial notice process is explored. The main purpose of this process is to control judicial discretion, so as to safeguard effectively the procedural rights of the parties. At last, the law of evidence in judicial rules research is also a key to enable us to find the rules in our judicial building.