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The Identification And Application Of New Evidence In Civil Retrial

Posted on:2013-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y R KeFull Text:PDF
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The new evidence is always a legal reason to file a civil lawsuit and there areregulations in the law and judicial interpretations.But the conficts between the judicialinterpretations,and the lack of uniform standard,there are many difficulties in thejudicial practice.In the meantime,it is a challenge to the system of evidence limitation.Itwill discuss the definition and elemnts of new evidence, the problems in identificationand application in this text,and the regulations aboard.As the result it will throw outour suggestions in improving the system of identification and application of newevidence in retrial.First of all,to analyse the definition and characteristics of the new evidence inretrial.Starting from the the general theory,it will analyse the basic theory of newevidence deeply by analysing the different theories in this field, cover all tbe changes ofconnotation of the proof time system,and elaborate the characteristics of the newevidence in retrial.And then point out the significance of the researching for the practiceof legislation and justice.Secondly,to disscus the status in quo of identification and application of the newevidence in retrial in our country.It will analyse the regulations of the new evidence inretrial in the current law and judicial interpretations.And there are many conflictsbetween the regulations,also problems in the practice of identification and application ofthe new evidence in retrial.For example,it`s too hard to contral the time of taking shapethe new evidence in civil retrial;whether it`s nessery to take the subjective fault oflitigant into account;there are clear divergence in the standard of new evidence in retrialas “enough to reverse”,and so on.The reasons for this problem is that the conflictbetween the current law and judicial interpretations,the lack of judicial philosophy of“mistakes must be corrected whenever discovered”and time limit of proof system.Thirdly,to research the regulations aboard.Starting from the legislations inUSA,Germany,Japan,Austra,etc, sum up experience and lessons,and provide a referenceand basis for the reletive legislation in our country.Finally, to seek to overcome the lack of practice and judicial theory.It will rebuildthe standard of the constitutive requirement of new evidence.Adtionally,to look for theway for the identification and application of the new evidence in retrial,mainly from the following aspects:restricting the identification and application of new evidence inretrial,building the protection system of the identification and application of newevidence in retrial.The said ways could be assure the benign development in theapplication of new evidence,and fully embody the value of the research for thisquestion.
Keywords/Search Tags:new evidence in retrial, proof limitation, standard, restrict
PDF Full Text Request
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