Font Size: a A A

The Reward For Forensic In Civil Procedural Field In China

Posted on:2016-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:S CaiFull Text:PDF
GTID:2296330464474839Subject:Litigation
Abstract/Summary:PDF Full Text Request
Evidence is the "The real footprint of ancient things",the important connection between past truth and the judicator, and the only method for facts trial is to ascertain the forpassed facts. There is no doubt that either in criminal procedure area, administrative Procedure area, or civil procedure area, evidence matters. In the field of civil procedure juridical practice, there’s a existing method for evidence achieving which is called "Reward for Forensic". In small proportion of cases, the judge inclined to admit evidence gathered this way, yet in the general situation, the addmissibility of this kind of evidence seems inadequate. As we can see through all the current civil law, there are barely relative rules on reward for forensic. It’ll produce negative consequences in establishing civil judicial procedure, improving civil procedure area and maintaining social stability without the escort of law.In fact, this institution would produce many positive consequences if it gains legal protection and institutional regulation. Incompletion of illegal evidence exclusion, difficulty in terms of evidence achieving make it hard to establish the frame structure in "reward for forensic". We need to explore the exsiting reason and the optimization suggestion of this phenomemon if we want to improve the party’s rights through this institution.In this article I focus on the phenomenon of "reward for forensic", aims to find out the exsiting reasons, underlying problems and then formulate the suitable resolution by analysing the property of "reward for forensic", the competency of evidence, the admissibility of evidence, the distinction among similarity conception, the current development in our country, in order to help enhance the party’s evidence achieving ability, promote social development, and to accelerate the establishment of "reward for forensic" in our country.
Keywords/Search Tags:reward for forensic, illegal evidence exclusion, evidence admissibility
PDF Full Text Request
Related items