Research On Theory Of Unique Evidence

Theory of the unique evidence is established by Japan’s precedents, used to guide the judge’s discretionary power in the situation of one party putting forward only one evidence application. In consideration of the order and efficiency of lawsuit, the illegal application,the unnecessary application and some other conditions are excluded by this theory. This theory is based on the consideration of the special demand of the parties and the justice of the judgment. What’s more, it’s a comparatively explicit standard, so the scholars in Japan/South Korea and Taiwan province pay close attention to it. However, the scholars in the mainland pay no attention to it as the institutional differences. As this theory could fill the blank of relative research and guide the judges to judge, this paper would discuss the import and the accommodation of this theory, basing on the basement of relative theories, in order to realize the value of this theory.In this paper, the body of thirty thousand words is divided into four parts:Part I: The outline of the theory on the unique evidence. This part includes the connotation and the denotation of the theory. After the background, the history the three classic topics and the six kinds of exceptions are the definition standards.Part II: The legal bases of theory on the unique evidence. Aiming at the three topics, this part focuses on the legal basis of the discretionary power, the special demand of the right of the part and the justice of the judgment; intend to dig the deep reason of the theory.Part III: The necessary of the introduction of the theory. In order to solve the problems of the deficiency of the stands and the study on the discretionary power, this part would analyze the relationship between this theory and the demands.Part IV: The introduction of the theory. This part point out that we should be easy to the exceptions as the short of the abilities of the parties on collecting the evidence. As the outcome, the part who obstruct the unique evidence should be responsible for the burden of proof,or the obstructed fact will supposed to be true. In the end, we should complete relative systems to realize the objective of supplementing each other.