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The Study Of The Mechanism Of Indirect Evidence

Posted on:2016-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:L Z JuFull Text:PDF
GTID:2296330461458790Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
When dividing the types of evidence, the classification of direct evidence and circumstantial evidence is one of the oldest and most vital classifications. Such a classification method can be traced back to thousands of years ago, and it is not only applicable to civil law system but also to the common law system. In judicial practice, compared to direct evidence, the use of circumstantial evidence is more trivial and complex, but it exists in larger numbers. How to build an effective evidence system should be a significant issue in the civil law field. However, the issue has not been paid enough attention in both theory and practice. Even the mainstream view of definition of circumstantial evidence is not completely correct. Therefore the first step we should take is to define circumstantial evidence clearly, then further discuss the criteria for the classification of circumstantial evidence and direct evidence. Based on clarifying the concept, the possessed value of the evidence circumstantial evidence should also be further updated. Is the value of circumstantial evidence really lower than the value of direct evidence? Absolutely not. The next concern is how the indirect evidence should be used to prove facts. In a study of the mechanism of indirect evidence, we need to concentrate on the relationships between indirect evidence and the other civil evidence rules, such as the relevance of evidence, experience rules, logical reasoning and probability calculations. In the end, we intend to build an indirect proof system model to help making use of circumstantial evidence a more clear theory.This paper is divided into four major sections, the first section aims to discuss the definition of circumstantial evidence. Existing legal provisions has not elaborated on the concept of indirect evidence, and to define the main doctrine has become vital. The cause is not only the inaccurate usage of words, it is the wrong division standard. The second chapter continues the issues raised above, it analyses the definition of indirect evidence in the view of comparative law. After introducing civil law and the common law definitions, I come up with the issue that circumstantial evidence should be divided by objects instead of logical methods; Chapter III further explores the formation of indirect proof.; The fourth chapter is committed to building an indirect proof system to provide the judicial practice with some reference.
Keywords/Search Tags:Indirect evidence, Direct evidence, Experience rules, logic reasoning
PDF Full Text Request
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