Civil Litigation For Forensic Practice Analysis And Legislative

Evidence is the court's important basis to determine the case facts, but the parties evidence in the judicial practice difficult phenomenon occurs frequently, reward and forensics. But in civil procedural law, the regulations on reward forensics is almost a blank, evidence in some cases can get reward for the recognition of the judge, and in some cases the judge is not approved for forensic evidence. Disputes of theory and practice have left a reward system in an awkward position, this is not only conducive to find out the truth case, but also not conducive to maintaining the fair of law.Focus on reward forensics focus of controversy, this paper firstly puts forward the two case raises now generally exists in civil litigation evidence difficult problems, the parties, in fact, the evidence itself if there is a reward for the specification of the laws and regulations can have very good effect, but the blank of legislation in our country leads to the legitimacy of the forensics mode is controversial, further led to the theory and practice now there are all kinds of disputes, so the system of reward is particularly important.The existence of the reward system not only can effectively improve the enthusiasm of witnesses is also able to provide more evidence to support the judge do, conducive to maintaining the parties' rights and interests, safeguard judicial justice. And now a lot of cases of criminal litigation and administrative litigation in our country evidence sources is by offering a forensics this way, the foreign law generally are recognized by offering a forensic evidence collected, so the civil lawsuit system of reward has its living space. But the evidence is still a reward for not being legal norm system, therefore, we must to specification of reward for each link. Begin from forensics reward for the release of the way,I suggest that shall be issued by the parties, the court released is complementary way. Because, after all, is the case by the parties, have deeper knowledge of its experience, should be dominated by the entire price forensics process, specification of the court just can. At the same time for forensic evidence of ability to also want to be clear, reward forensics is between \"legal evidence\" and \"illegal evidence\" grey area between, it belongs to a kind of \"defective evidence\", but for the defective evidence, unlike the illegal evidence, we can't negate. Finally, due to the particularity of forensic evidence, reward for also should set up special for its cross-examination link, so can make for forensic evidence is compelling and real play to the effectiveness of the system.