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On "New Evidence" Of Civil Procedure

Posted on:2014-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:H W WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The “new evidence” of civil procedure is part of the system of evidence.“New evidence”is a special case of the evidence, the burden of proof to achieve more than the evidenceadduced. But the “new evidence” system generated for achieving substantive justice has veryimportant significance. But China’s “new evidence” systems there are still many questionsthat need further improvement. The general idea of this writing is done by analysis of the“new evidence” system status, combined with extraterritorial legislative experience, analysisof the “new evidence “system defects, and then proposed a series of measures to improve. Thefull text is composed of four parts: The first part introduces the "new evidence “system somebasic theories, consists primarily of “new evidence “concept,“new evidence “feature, the"new evidence “from the theoretical roots and “new evidence “institutional relationship withtime Limit of Proof, etc.; second part describes the "new evidence” of legislation of thesystem, this part of the focus from a historical perspective on the development of our countryon the “new evidence “legislation overview Meanwhile, also analyzed the United States,Germany, Japan and Taiwan region of China on the “new evidence “of legislative situation;third part analyzes China’s “new evidence” of legislative problems, mainly containsconflicting legal norms,"New evidence "that the standard is too high and the lack ofappropriate supporting systems and other aspects of the problem; fourth part on how toimprove China’s “new evidence” system made several suggestions that improve the “newevidence” of that range, improve the “new evidence “of that system, improve the “newevidence” proof system and improve the “new evidence “in opposition system.
Keywords/Search Tags:New evidence, Time Limit of Evidence, Burden of Proof
PDF Full Text Request
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