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Cases Study On The Application Of Indirect Evidence In Civil Procedure Law

Posted on:2018-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:X G ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
The effective use of indirect evidence depends on the logical reasoning and the rule of thumb,and there are typical cases where there is no direct evidence that there are a number of direct and indirect evidence.There is no relevant legal norms to guide the use of indirect evidence can rely on logical reasoning and empirical evidence to prove the fact that the logical reasoning process is complex,the use of the rules of discretion to make the indirect evidence of the value of the evidence cannot be achieved.In order to solve these problems,it is necessary to apply the logical reasoning and the rule of thumb to rationalize the application of the indirect evidence in the judicial interpretation,and appropriately restrict the discretion of the rule of experience so that the use of the rule of experience is more reasonable.A single of indirect evidence can only prove that the limitations of certain fragmentary facts require the judiciary to be careful and careful when using indirect evidence to reason,In order to avoid the emergence of unreasonable reasoning,the logical reasoning can be verified through different forms of reasoning,some of the rules of experience should be subject to expert advice and scientific knowledge of the verification,from these aspects to grasp the use of indirect evidence,will make indirect Evidence is effective in demonstrating the value of proof.
Keywords/Search Tags:Indirect evidence, Logical reasoning, Rule of thumb
PDF Full Text Request
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