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Evidence Of A Common Principle In Our Civil Procedure

Posted on:2013-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:L DuanFull Text:PDF
GTID:2256330395988264Subject:The civil procedural law
Abstract/Summary:PDF Full Text Request
The principle of common evidence in civil litigation is a party to theproposed evidence,not only for its proposed party favorable fact exploitedby the court,and the relatively favorable fact that use principle, at the sametime, also includes the common litigants in person presents evidence, not onlyfor the common litigants to another party room, can also be used for othercommon legal action people and to the other parties or joint action betweenthe fact data. The principle of common evidence for, make and the facts ofa case related to prove the facts of the case, the evidence of informationbecome a judge from the heart to form the basis of, is helpful to find thereal case, in order to protect the substantive rights of parties, the partiesto the final decision be sincerely convinced, and conducive to the realizationof substantive justice of lawsuit. The principle of common evidence isconsistent with the requirements of economic action. The application ofprinciple of common evidence can avoid the court and parties on the same factsand evidence make repeated surveys, and waste of judicial resources. In short,the principle of common evidence in civil lawsuits in the evidence in favorof the effective use of resources and disclose the facts of the case.But, unfortunately, our civil procedure theory are still not on theprinciple of common evidence for the theory system of research, so severalscientific papers is from common action and debate the angle of the problemto do some research and explanation. Therefore, this article attempts frommore macroscopical level, more comprehensive dimensions of principle of commonevidence in civil action of our country the related theoretical issues, tothe role of. But by the limited ability, the article still has many deficienciesand limitations, in order to correct many. This paper is divided into four parts, the first part mainly introducesthe principle of common evidence of meaning, the author in the broad senseand narrow sense two of aspects of the principle of common evidence meaningto carry on the explanation, and that the principle of common evidence in thetwo levels of meaning there is no conflict, its essence is the same. The secondpart, the author firstly on the evidence of the nature of the principle ofcommon evidence can be used as theoretical basis, and then from the free heartcertificate doctrine and the doctrine of debate of two dimensions of theprinciple of common evidence theory is discussed. The third part, may alsobe the bright point of this dissertation, the author puts forward the principleof common evidence in the lawsuit value, there is no theoretical research inthis field did try to analysis and discussion, pointed out its litigation value!The fourth part,on the principle of common evidence in the civil lawsuitsin the problems, respectively, from three different action on the issue isexplained...
Keywords/Search Tags:evidence of a common principle, free evaluation of evidence, debate, the proceedings value, applicable
PDF Full Text Request
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