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China Has The Evidence Of The Evidence Of The Sovereignty Of Huangyan Island

Posted on:2018-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2356330515479508Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the dispute over the huangyan island has intensified.The re is no doubt that China has sovereignty over huangyan island since ancient times.On the dispute over sovereignty of huangyan island,the Philippines successively put forward "geographic adjacent says","exclusive e conomic zone","sovereignty inherited said" "under jurisdiction of long-term effective occupation and said" theory,but these theories do not have any legal basis,is the Philippines in an attempt to steal the fallacy of the sovereignty o f huangyan island,is completely a breach of international law.In contrast,Ch ina has ample historical documents,treaties,maps and other evidence to prov e that the huangyan island has been China's inherent territory since ancient ti mes.Which has evidence to prove the value map mainly include: official and private map of published evidence in our country,the Philippines huangyan is land belongs to China map of evidence of government public and published b y the neutral third party map evidence of huangyan island belongs to China,e tc.In the international practice,the international court and the arbitration tri bunal in the trial of the cases concerning the disputes over territorial sovereig nty has formed a set of evidence to prove that force that rule: treaty keep pos session effective control map,and other evidence.In general,in the absence o f the first three kinds of evidence and the case,providing a wide range of map evidence international judicial arbitration agency will review evidence of the value judgment of map.If its drawing precise,can reflect the state sovereignt y will,has substantial associated with the disputed territory,the international court or the arbitration tribunal will give such map evidence of the larger valu e;And the evidence for the official publication of the maps is greater than the evidence of a private publication.Based on this,our country should draw lessons from the international co urt and the arbitration tribunal rules of evidence to prove that the size of the f orce that the maps.Judging evidence on both sides of the map to review,and then construct a map of China holds sovereignty over huangyan island chain of evidence.Usually the chain of evidence is made up of the ring of evidence The correlation between the evidence and the evidence.In this paper,the Chi nese sovereignty of huangyan dao is proved by the evidence of the map.Amo ng them,the official map evidence from our country is from our country poin t of view,the proof force is the biggest,the credibility is highest.The Philippi ne government public map of the Philippines,the probative value is less than the official maps published by the evidence in our country,because it as the i nterests of the other party will consider their own interests.Maps of the huan gyan island belongs to China of third party published evidence,it is less than that of China and the Philippines map published by the evidence,not dispute parties because of a third party.The evidence of a private map is the least pro of of the evidence of the first three types of maps.This paper constructs a ma p evidence chain of huangyan island sovereignty in China.Namely: the offici al maps published by the evidence in our country belongs to the first ring of e vidence,the Philippine government public official maps of evidence belongs to the second ring of evidence,published by the neutral third party huangyan island belongs to China map evidence evidence in third ring,map the huangy an island belongs to China private evidence in fourth ring evidence.
Keywords/Search Tags:Map as evidence, Huangyan Islands, Probative force, Evidence chain
PDF Full Text Request
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