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Courts At The Grass-roots Level In Our Country Civil Action Evidence Collection System Research

Posted on:2013-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:J J ChenFull Text:PDF
GTID:2246330395453102Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the civil suit, the evidence collection is the fundamental of litigation activities.According to law, the evidence is provided by the parties and the court, which two jointly constituted our country’s two important aspects of the evidence collection system. With the improvement of the legislation and the deepening of the reform for the mode of the civil trail, the evidential burden of the client has been strengthened. But there are no corresponding measures to safeguard the parties’ right of evidence collection, the court’s evidence collection still faces plenty of problems,too. People’s tribunal stands at the first line of disputes, which is on the cutting edge of the judicial activities. At the same time, the grassroots environmental law enforcement is more special and complicated, its operation has much to do with the local politics and economy, which play an important and unique role in local judicial administration. Then there is no doubt that the design of the theory and practical difference continues to exist. Ten years since the Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures has been promulgated, based on theoretic analysis of the civil evidence collection system, this article defines the meaning of civil evidence collection and introduces evidence collection types in the civil procedure. It reviews the history of the evidence collection system after the analysis of the system’s value. The main part starts with empirical investigation materials, then analyses the survey data and typical cases of people’s tribunal, in order to further illustrate what difficulties the people’s tribunal has faced and explore the reasons. The last part gives suggestions to reform and perfect our evidence collection system.
Keywords/Search Tags:The people’s tribunal, Evidence collection, Evidence collection by parties, The court’s evidence collection
PDF Full Text Request
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