A Study On The Rule Of Corroboration In Civil Litigation

The rule of corroboration is an important rule of the evidence system. This rule, which is an exception to the discretionary evaluation of evidence, is within the scope of the legal evidence system. It restricts the utilization of evidence from the probative force. It is not only a rule of quantity, but also a rule of quality. The objects of the corroborating evidence should be overlapped with the corroborated evidence to some degree. In civil litigation, there are merely stipulations concerning the rule of corroborating for the purpose of document evidence, which is different from that of the criminal litigation. Although there are some stipulations on the rule of corroboration in the legislation of China, quite a few problems exist and are unfavorable for the rule of corroboration to play a role in civil litigation. This thesis analyzes the legislation on the rule of corroboration in the two legal families, focusing on the procedure of judges’compulsory reminding, the corroborating degree of the rule of corroboration, and the utilization of standard of proof in the rule of corroboration. Starting from the concept of the rule of corroboration in civil litigation, the thesis analyzes the jurisprudential foundations of the rule of corroboration, expounds the rule in the major nations of the two legal families. And then, based on the study of China’s legislation on the rule and the existing problems, the thesis puts forwards suggestions for improving the rule of corroboration in civil litigation, aiming to better the legislation on evidence of civil litigation in China.