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Research On The Authentication Of Defective Evidence Of Civil Litigation

Posted on:2018-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
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The theory of defective evidence h as been paid much attention in recent years by civil litigation jurists.The evidence of civil defect is an atypical form of evidence.In judicial practice,the judiciary often encounters questions about how to judge and deal with the defect evidence,but the relevant theory has little research on it,and the relevant regulations cannot regulate it effectively.Specifically,the relevant laws and rules has not constituted a unified sta ndard for the composition of defective evidences,and lacks of a a clear scale or basis for the effectiveness,certification,correction and other a spects of the defective evidence.This ar ticle intends to comprehensively summarize the connotations and status of auth entication of civ il defective evidence and explore how to improve the judicial judgment system of civil defective evidence.In the first chapter,based on the e xisting research of th e flawed evidence,the paper narrows the concept of the defectiv e evidence,and takes the derogation of evidence ability and the probative force of evidence as the criterion to identify it,in order to clarify its connotati on and structure.At the sam e time,compare concept of defective evidence with illegal evidence and corroborative evidence,in order to clear its boundaries and scope.The second chapter intends to clarify th e real state and form of de fective evidence and introduce its jud icial situation combining with the analys is of large number of practical cases.The third chapter is to systematically summarize the authentication of defective evidence.Clarify the effectiveness of the defective evidence,determine the court's approach to authenticate the defective evidence,and then explore how to correct the defective evidence in o rder to pro vide reference for the theoretical research and judicial practice.Finally,review the results of the previous study,summarize the problems of the defective evidence system in our country,and propose to improve the corresponding system of civil defect evidence from three as pects: clarify constituen t elements,certification rules and corrective methods.
Keywords/Search Tags:Defective evidence, com petency of evidence, probative force, rules of evidence
PDF Full Text Request
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