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The Standardized Application Of The Empirical Ruleon The Premise Of The Rule Of Evidence

Posted on:2017-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:J QuanFull Text:PDF
GTID:2296330485466445Subject:legal
Abstract/Summary:PDF Full Text Request
The fourth plenary session of the 18th Communist Party of China (CPC) Central Committee pointed that, completely carry out the principle of evidentiary adjudicatio, collect, kept, review and apply the evidence strictly according to law, perfect witnesses and identifiers witnessing system, in order to ensure the trial play a decisive role in fact-finding, determining the proof protecting the prosecuting right and fair judge.In 2015, the Supreme Court promulgated the interpretation of Civil Procedure Law,where the rules of evidence have been detailed. However, in the process of discovery the truth of cases, evidence is just a starting point.Empirical rule must be applied too.The real meaning of Free evaluation of evidence is to insist the principle of evidentiary adjudicatio as well as the empirical rule, and make clear the relationship between the tow at the same time. Then,the Judicial Discretion will be justified.But in practice,the empirical rule is frequently ingnored,misuesed and abused for a variety of reasons.As a result,the credibility of justice is harmed,and the principle of evidentiary adjudicatio is distorted.In this paper, the principle of evidentiary adjudicatio and the empirical rule will be researched as a whole entity from the perspective of the cases of folk debit and credit, it would audit the root cause of improperly applying the empirical rule, and perfect the design of the system.
Keywords/Search Tags:the principle of evidentiary adjudicatio, the empirical rule, fact-finding, the cases of folk debit and credit, free evaluation of evidence, debate doctrine
PDF Full Text Request
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