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The Effectiveness Of The Object Of Civil Proof

Posted on:2012-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:X R WangFull Text:PDF
GTID:2216330368989441Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The evidence system, which plays a very important role in the civil action, is one of the cores of civil litigation system. The object of proof is the vital link in civil litigation proof activity, and the premise and foundation of judicial proof. In the civil lawsuit, proof activities always point to clear and specific proof object, and the judicial proof always around specific object of proof. Therefore, the object of proof is the first thing must to be solved in the proof activity. Only when the object of proof in a lawsuit activity be made out firstly, the goal of proof, the allocation of the burden of proof and the standard of proof will be confirmed; whereby a series of subsequent proof activities to be effective unfolds and move on smoothly, such as the forensics, cross-examination, authentication and so on, and all above is very meaningful to find out the fact accurately and timely. It is said that the object of proof, which defines a general task and direction for litigation proof, is the outline of litigation proof, and subsequent litigation activities are around the object of proof, therefore, the object of proof is a very important issue in the theory of civil litigation proof.But as the current research situation is concerned, the object of proof did not get the whereby a series of subsequent proof activities to be effective unfolds and move on smoothly, such as the forensics, cross-examination, authentication and so on, and all above is very meaningful to find out the fact accurately and timely.This article mainly includes the following four parts.The first part introduces the basic theory of the object of proof, including analyze, definition and characteristics of the civil proof object. Then explain the theoretical basis-disciplinary right of the socialist and debate socialist-for the object of proof, so as to point out the relevance and the brief analyze of the new development between the two theories.The second part mainly analyzes the value of the object of proof in civil procedure, and dissects the status, value and significance the object of proof of in civil procedure, and further expounded research object of proof briefly in promoting of civil proof activities orderly significance.The third part states the scope of object of proof of civil litigation, especially for whether program facts and evidence fact can be treated as the object of proof or not by the comparison the relevant provisions and view all kinds of exemption certificate among the United States, Germany, Japan and Taiwan's lawsuit code and the scholars'points all, analysis the facts of their respective advantages and disadvantages, so as to provide useful references for the research of object of proof of our country.The fourth part analyzes our country'civil procedure law and the relevant judicial interpretations of the supreme people's court on the object of proof and exemption of regulations, and issuing the facts of China for proof the object and academic litigation from different aspects of the issuing fact range, doctrine to conduct a list are analyzed, and the object of proof should include three kinds of facts that are the fact of the case, factual basis of the procedural right, evidence facts. The facts which needn't to be proved should include judicial notice, presumption and admission.Meanwhile, in our analysis on the status quo of the object of proof, and on the base, the existing problems and defects of Chinese litigation are put forward. Then, suggestions of perfection of the object of proof are proposed on the basis of researching achievements of other countries'legislation and law.
Keywords/Search Tags:Object of proof, Substantive law facts, Procedural law facts, Evidence facts, Exemption certificate facts
PDF Full Text Request
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