The Leagal Analysis Of Junxin Company Sued Lvguweiye Company Who Invested Shamming

The thesis is which about junxin company appealled to lvguweiye company who invested shaming,by way of analysing both sides’the points at issue and comparing with proving power of both sides’evidence,dissects evidence system of our country presently more clear.and finds some inadequateness of evidence system of our country,in addition, introduces some solutions by a lots of scholars in our country and related and advanced evidence system of foreign.So I hope that put forward a proposal to improve the evidence system of our country.The first chapter introduces the case specificly.junxin company thought that lvguweiye company invested shamming.showed audit report that came from department responsible for auditing to province government.and the report affirmed that Ivguweiy invested shamming.Lvguweiy showed investing voucher,the third side’ receipt,audit report that intermediary organ who commissioned by the third side showed, and other proof.The case’s points at issue were juncxin’s proof could be as evidece or not and whose evidence had more proving power.The first section of the second chapter which combines with scholars’views defines evidence again,expounds the three characteristics that are real quality.leagal quality and related quality of evidence. Because evidence definition has narrow sense and broad sense,so it’s absolutely that confines evidence definition to the three characteristics,and this situation approved by civil lawsuit of our country.and junxin company’s audit report could be evidence in broad sense.In second section,I expound intention of proving power, deducing regulation and possible proving standard specificly,so it could be as theory base that compare proving power of both side’s evidence.The third chapter introduced some inadequateness of the judging about evidence’s proving power.deducing regulation and proving standard,showed some perfect solutions by using the suggests of internal scholars and advanced evidence system of foreign for reference.At last,the conclusion summarizes the thesis highly anain.