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Activate The Parties Statements Tone-contour Evidence Of The Effectiveness Of-in The Perspective Of Civil Litigation Practice

Posted on:2018-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:H NiFull Text:PDF
GTID:2346330542459138Subject:Law
Abstract/Summary:PDF Full Text Request
Current civil litigation law regards litigant's statement as independent legal evidence,making it the first item in all sorts of evidence.It suggests that verbal evidence is attached more attention in China litigation law,but the “attention” only remains on paper.In judicial practice,there are some cases lack of evidence,the truth can't find out,it will inevitably require the reduction combined with statements of the parties to the case facts.But the statement due to selfish factors,combined with the legislative system of fuzzy,lack of various factors,such as lead to judge cannot be rushed direct use it as evidence,often slid over in the judgment,some judges even will be abandoned in the statements,the evidentiary effect of litigation's statement cannot be fully played due to factors such as legislation,institution and quality of the parties involved.Start from the content of litigation's statement and draw lessons from effective foreign experience and systems,this article attempts to analyze the dilemma about the validity of litigation's statement in China judicial system,and put forward the solutions accordingly.
Keywords/Search Tags:the statement, the evidence effect, civil litigation
PDF Full Text Request
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