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Research On Non Liquet

Posted on:2018-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2336330515455554Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In order to set up the burden of proof scientifically,we must understand the problem of non liquet correctly.Non liquet is the key to the problem of burden of proof.Itís the logical starting point of the theory of modern burden of proof.The theory of law and legal practice of non liquet in civil law countries,especially in Germany,provide solution model to solve the problem of non liquet.Although the legislation to solve non liquet problems has made some progress in China,there are still serious defects compared with foreign scientific practice.We should abandon the Anglo-Saxon standard of proof system which is not matched with the burden of proof of civil substantive law and construct the proof of standard system of civil procedure with the spirit of continental civil procedure.In order to solve the problem of non liquet,we should connect civil substantive law with civil procedure.The scientific solution to the problem of non liquet is required to further improve the distribution of the burden of proof in China.It should be reasonable to set the general and special distribution rules for the burden of proof.In order to solve the problem of non liquet scientifically it is necessary to promote the legal presumption system.It is also necessary to reduce the standard of proof in limited specific cases and introduce the apparent evidence system in the civil law.It is also necessary to reduce the standard of proof in limited specific cases and introduce the apparent evidence system in the civil law.In order to solve non liquet in the civil procedure,other measures should be discussed such as regulating the civil action and evidence use,especially establishing a lower admissibility in deciding whether or not an item of evidence can be admitted in limited cases.
Keywords/Search Tags:non liquet, burden of proof, standard of proof, primary-face proof, constructive
PDF Full Text Request
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