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Study On The Compositions And Legal Consequences Of Obstruction Of Evidence Act

Posted on:2013-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhangFull Text:PDF
GTID:2246330371494336Subject:Law
Abstract/Summary:PDF Full Text Request
Although the Obstruction of evidence act has been stipulated from variousperspectives in article102of the Civil Procedure Law of People’s Republic of China,article30of Supreme People’s Court’s provisions on Reform of Civil Economy Trial andarticle75of Supreme People’s Court’s Provisions on Civil Procedure Evidence, the currentjudicial practice can’t still exclude various Obstruction of Evidence Acts efficiently, whichnot only damages the party’s legitimate rights and interests but also obstructs judicialjustice. Therefore, definite system and clear classifications of the Obstruction of EvidenceAct are very important and necessary to ensure the party’s equality and fairness as well asjudge’s fair verdict.Based on the theories of Obstruction of Evidence in Civil Procedure, method ofcomparative study, synthetic analysis and classification analysis are employed in presentthesis to investigate its classification, constitutive elements and legal consequence. Duringthe analysis, related regulations of German, Japan, America and Taiwan of China arereferred to,trying to get comprehensive classifications of Obstruction of Evidence Act.There are three sections altogether in this paper beside the Introduction andConclusion parts:The first part is the introduction to the general theory of Obstruction of Evidence.Firstly, it analyzes different rules and improvements from different countries in differentperiods by introducing the definition and sources of Obstruction of Evidence. The specialdefinition of Obstruction of Evidence in this paper is concluded and sources of it areanalyzed too, which becomes the bedding of the following important introduction toclassification of Obstruction of Evidence. Then, the law basis of Obstruction of Evidence isstudied in this part in order to figure out its sources. The second part is introduction to key constitution elements of Obstruction ofEvidence. It conducts an overall analysis from three factors: subjective aspect, objectiveaspect and subject aspect.The third part is about legal consequences of Obstruction of Evidence. It analyzesrelated factors to conclude six legal consequences which include the sanction of public law,transfer of evidence responsibility, judicial fiction, reducing evidence degree, finaljudgment directly and also exclusion of disruptors to propose evidence and undertakingindependent civil liability after analyzed from six aspects which are the unfairness degreedone to victims, sanctions of public law, the adverse consequences of private law. It is hopethat the present study can provide some help to the law system in China.
Keywords/Search Tags:Obstruction of Evidence, Rule of Thumb, Third-Party doctrine, JudicialFiction
PDF Full Text Request
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