Font Size: a A A

Methodology Of Fact-finding In Civil Action

Posted on:2017-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:P RanFull Text:PDF
GTID:2296330488460949Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Fact-finding is the premise of the law-apply and is the basis for a right judgement. Fact-finding is more complex than the law-apply in the civil litigation, therefore the scientific method to prove facts is indispensable to judicial litigation and also the important subjects ofthe study of Procedural Law. Civil action is a common interactionof substantive law and procedural law, so it must be analyzed from two perspectives on the issue of fact-finding, which is there two steps of finding-fact. The first step is the identification of essential facts. The identification of essential facts was taken the living fact as the source, and taken the specification requirements of substantive law as the basic analysis object by the method of analyzing the basic structural of the provisions, and ultimately to determine the finishing point of contention and litigation claims. The second step is,on the basis of material facts,to use the rules of evidence and procedure to confirm the authenticity of the elements of fact, the fact that this is found in a narrow sense, also known as litigation certification procedures. In the lawsuit process, Evidence reasoning facts, Use of evidence-centric, must satisfy the rule of thumb. When the referee frustrated evidence, the burden of proof should be sought for judgment. In addition, judicial notice, the presumption is an important method for ascertaining the facts, and it’s, compared with evidence, complementary and specificity.
Keywords/Search Tags:Fact-finding, Essential facts, Authenticity, Methodology
PDF Full Text Request
Related items