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Study On The Perfection Of The "New Evidence"System In The Civil Litigation

Posted on:2013-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q F BoFull Text:PDF
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"New Evidence" in civil litigation has a long history of evolve, is an exception limit to limit system of persuasion.It is designed to guarantee the maximum of real,to ascertain the facts.It is mutual game result in civil action number value.Through "New Evidence" legislation of the United states and the United Kingdom,Germany, France,comparative analysis of the relevant provisions of new evidence, that countries and regions have not completely ruled out "New Evidence applies,but according to their legal traditions, action ideas difference in trial mode them form vary.So we can not just copy the foreign system,we should completely consider our national condition.For China’s "New Evidence" regulation, to a certain extent in its application is overcome exposed in question, but can not be ignored the defects, at present is still difficult to really achieve litigation justice and the efficiency of lawsuit phase equilibrium value pursuit. To sum up, to build a suitable for China’s national conditions of new evidence system, must be based on the actual situation in our country, the related factors for overall thinking, to ensure that the system Settings of the legitimacy and rationality. To "New Evidence" to be perfect system to resolve it in the application of all sorts of problems appeared in the process, to build a suitable for China’s national conditions of new evidence system is imminent. This paper from the New Evidence, the scope of the proposed system, the opposition system, proof system in this specific analysis, so as to put forward the feasible to reasonable measures.
Keywords/Search Tags:new evidence, the limit for adducing evidence, action ofjustice, law suit efficiency
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