A Study On Fact-finding Of The Case In The Civil Action

It is very important to correctly identify the fact of the case in the civil action. Also it isthe central task of litigation, and the finding of the overall facts could be seen as an importantsubject for achieving the goal of litigation. The thread of my researching thoughts starts withdefining what is the fact, what is the fact of the case, what is the difference between the fact ofcase and the fact happening in real life and why there is such a difference, and the differencebetween fact issues and law issues. The subjects of fact-finding include two kinds: the juryand the judge. To both subjects, the two legal systems have completely different requirements.In China, we have our own unique requirements.On the basis of understanding the meaning of the facts of the case and found the body onthe facts of the case, advanced process has become the focus of the study. First, the litigantwill put forward some facts. The court will censor these facts to choose which are in line withthe elements of law. As for the facts to be proved, the first rule is to be demonstrated byevidence. Based on the characteristics of the civil action, the authors believe that the standardof probability dominant superior, comparing with the standard of high probability, also morepractical significance. When the evidence does not give a clear point, the presumption rulewill become our alternative. The purpose of these measures is to advance to the referee fact.Because of the body’s own property, fact-finding of the case is always affected by ourirrational factors. It has both positive and negative aspects. We try to find more effective waysto regulate this negative impact to minimize the adverse consequences.Through investigating the mode of fact-finding in two legal systems, this part resolvesthe distribution of power and restriction among all party of litigation. After reflecting themode of fact-finding in our country, reconstruction of fact-finding depend on the thought incognitive of fact, the relationship of judge and fact-finder, confirmation of fact-finding.Of course, we understand that the facts found absolutely100%correct is impossible andunrealistic. The intention of the article is not to pursue100%truth, because truth is never thesole purpose of the law. From a more realistic point of view, I hope to achieve the ideal combination of rational and irrational, in order to achieve a reasonable objective facts of thecase, so the probability of misidentification of the facts which led to miscarriage of injusticeto minimize. It will protect more of the parties which to fell respect and fairness in our law,and this is the significance of the article.