Research On Regulation Of Preponderant Evidence In Civil Action

Regulation of preponderant evidence has important role in the judicial practice, whichmakes the regulation of preponderant evidence question always is the most popular in thefield of legal research, especially in recent years. Regulation of preponderant evidence’sproblem is a big topic, a hot topic, also is a difficult problem: is the advantage of our currentevidence rule is reasonable, appropriate procedure law educational world within differentopinions vary, praise or blame; At the same time, the legal person is how our country shouldperfect the advantage opinions and evidence rules.This article tries to analysis from the perspective of empirical research regulation ofpreponderant evidence, through consulting and the vast majority of cases in judicial practice,understand regulation of preponderant evidence applicable in our country, and analyze theregulation of preponderant evidence in the concrete application of the problems. In this articleon the basis of case and case analysis, put forward three is helpful for better applicationregulation of preponderant evidence suggestion, in order to establish a scientific legal systemto provide a little contribute to it.This article is divided into introduction, body and conclusion in the structure, in whichthe body a total of three parts.Introduction part mentioned in the provisions about the civil action evidence rules, therelevant provisions of the evidence about the advantages of the regulation has been clearabout the civil case in court certificate requirements and standards. But in the advantage, theevidence presented the rules behind supporters pushing voices, also there are many opponents.Exactly how value of regulation of preponderant evidence, application advantages in thepractice of civil action evidence rules reflect how? This article in the introduction part isannounced the answer of the seeds of the above questions.The body of the first part is the empirical study case situation and brief analysis. Asmentioned in this part, this article from the courts, law firms, books, collected a large numberof cases in the network, select one of the ten most can reflect regulation of preponderant evidence of the applicable situation in judicial practice in our country and analyzed in cases.And choose a lawyer to handle the case study, it is because lawyers can reflect from the Angleof litigant they is how to understand and use the advantages of evidence rules. This articleselected10cases involve borrowing disputes, debt disputes, payment disputes, and anydispute concerning compensation for damage, from a variety of different dispute analysesregulation of preponderant evidence applies.Text in the second part of content to reflect the main problems in the empirical research,the discovery of these problems is to set up in the first part based on inductive analysis of the10cases. Case situation reflects, regulation of preponderant evidence is necessary, it is alsopossible, but there are still some problems. These problems include the legal professionals cannot accurately understand and grasp regulation of preponderant evidence; Legal professionalsthere is a deviation of the dominant idea of regulation of preponderant evidence shall apply.In the third part of the text, this article puts forward Suggestions on the3points, take theliberty of the legal professionals in a planned way to advantage evidence rule of law originand law spirit in-depth study to understand; Formulate the detailed rules for theimplementation of advantage evidence rules shall apply to further perfect the advantageevidence rules. The purpose of this article is to hope this three shallow Suggestions proposedadvantage can be more conducive to civil litigation evidence rules correct implementation.The conclusion is the last part of this article. This part mentioned advantage of evidencerules in civil litigation, to solve the social importance of many contradictions. Regulation ofpreponderant evidence is not only identified on the basis of the judges of the case facts withconstraints, and guide to litigants litigation activities. Our country to establish a morescientific civil litigation mechanism, it is a long way: an empirical study of this paper hopethis information can help people from all walks of life to advantage evidence rules a littlereference for the further in-depth study.