On The Rules Of Finding Civil Evidence

Determined on the facts of the case, is a complex and careful work, it requires the accumulation of knowledge and experience of the precipitation, the theory accomplishment. More of a thinking, a kind of logic, a method, a state can be said to evidence the system is the core of civil cases. Facts of the case, said the problem is in some aspects of the problem of evidence in civil trials, judges face the major task is to investigate and collect evidence, evidentiary value judgments, and the sharing of the burden of proof and so on. Evidence is facts of the case identified the basic elements. Of course, the right and proper facts of the case, is inseparable from experience and logic, make it consistent with justice. The case should be identified and the use of evidence in the context of exposure to the case, the same time make a determination after considering the consequences and effects of judicial guidance, from sense, meaning that the true reaction of the case, but also reflect the overall value of human society to accept system.On the evidence of large-scale improvement is identified early nineties the relevant rules, the trial court for reducing the Reform v. tired and played a certain role, but also to strengthen the party's burden of proof, but with the continuous progress of the reform, the rules of evidence Problems also been presented. The emerging evidence around the issue of the practice are not the same, resulting in a practice is not uniform, this is also the objective aspect requires unified regulations on the evidence, the time to 2001, the Supreme People's Court promulgated the "Regulations on Civil Evidence certain provisions", and this is the first comprehensive provisions for the evidence. This provides evidence for both the specification of the court investigation, evaluation and other specific procedures for each stage, but also regulate various specific rules of evidence and specific evidence of effectiveness.Supreme People's Court "on the Civil Evidence provides that" covered a wide range of content, including the provisions on the evidence found is not always very comprehensive and reasonable, there is still much to discuss. On the view of the actual situation, summed up the experience of practical work, according to the actual trial experience in the business rules used to analyze the nature of the rule of thumb rule of thumb in judging the value and evidence of the role of facts, and presented on trial practice in China Some Thoughts for the rule of thumb.This paper will also be based on the evidence of existing legislative provisions, with the actual situation to the exclusion of civil rules of evidence found, and the related system of a systematic theoretical study and put forward some ideas to further evidence system in China sound evidence and trial practice correctly grasp the essence of the system have some guidance.