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The Application Of Empirical Rule N Civil Procedural Law Of China

Posted on:2013-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y PengFull Text:PDF
GTID:2246330374475189Subject:Law
Abstract/Summary:PDF Full Text Request
The Civil Procedure Law of China provides that the judicial proceedings should find outthe fact under the law. The judges should examine and verify evidence comprehensively andobjectively on the basis of existing evidence. However, the facts occurred in the past, whenthe evidence is insufficient to restore the truth, justice still need to give the public a "fair"reason.Although in our country, the Civil Evidence of rules has a special chapter, but theprovisions are too principle, With the experience of adjudication accumulated over a longperiod, the empirical rule has become the established unwritten rule on restricting judges infact finding, and has received an adequate attention from judges, lawyers and scholars.However, the lack of regulation of law on the fact finding makes such authority free ofrestrictions, which is likely to result in arbitrary decisions of the judge, and consequentlyunfavorable to judicial justice. Peng Yu’s case exposed the problem that the empirical rule hasits own problem. It’s a necessary way for judges to according to the empirical rule and logicalreasoning to judge the facts. However, the empirical rule in China’s judicial practice appearshave some confusion, the judge neither to avoid not to messed. this article intends to analysisseveral typical cases to analysis of our judicial the empirical rule, author intends to takecomparative study, literature data and other methods in order to search for the general modeof provisions on the empirical rule. And eventually to achieve the goal of the Civil ProceduralLaw to protect the legal rights and interests of the parties.
Keywords/Search Tags:fact finding, discretional evaluation of evidence, empirical rule
PDF Full Text Request
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