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Social Survey Method In The Trial

Posted on:2014-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:H GuoFull Text:PDF
GTID:2256330398964815Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the continued development of litigation,types of evidence in litigation graduallyenriched, requirements of the scientific evidence is no longer confined to the category ofnatural sciences,but gradually penetrate into the field of social sciences. Representative ofthe social survey method as typical of the social sciences, it concluded multi-form of asurvey showing, evidence of the history of the development in the United States has gonethrough the course of the past century, And driven under social survey method, Rules ofevidence system in the United States continue to be enriched and improved. In China,social survey method is applied to the court is still in the preliminary stage of exploration,And in the short term is difficult to truly be classified as a type of evidence. However, thesocial survey method could be used as evidence, in cases of trademark infringement,obscenity standard cases as well as cases of public interest litigation, the substance of thecase not only to promote fair and equitable, but also can save the cost of litigation, theefficiency of the proceedings. This requires evidence provided by the use of scientificmeans of corresponding social survey,In order to ensure the objectivity of evidence,relevance and legitimacy. The judge shall also be the face of such evidence material fromthis tripartite grasp, thus identified the presence or absence of evidence and the probativeforce of the size. In the long run, of proof to establish a reasonable time limit system, thehearsay rule, the attendance of witnesses, rules and systems, rules and procedures, reallyplay its due role in order to protect such evidence.
Keywords/Search Tags:Social Survey, Fact-finding, Rules of procedure
PDF Full Text Request
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