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Research On Evidence Examination In Fraud Litigation

Posted on:2019-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:L T XuFull Text:PDF
GTID:2416330548452212Subject:Master of Laws in Law
Abstract/Summary:PDF Full Text Request
Since the civil procedure law formally established the system of false civil action in2012,false litigation cases emerge in endlessly.In order to obtain illegal interests,the parties in false litigation use various means to hinder the investigation of false litigation,and its serious subjective malignant harm to the society is very big.The emergence of false litigation has seriously damaged the judicial authority and social integrity,alienated the function of litigation,and seriously damaged the legitimate rights and interests of others.Through the analysis of typical cases,the main reasons are Some parties lack the concept of good faith;Lack of legal regulation;Court loopholes in the evidence review system.Therefore,false litigation occurred in the judicial organs,should be terminated in the court,the trial stage for screening false litigation plays an important role,in the face of the people's court in the trial to review the false litigation case there are many difficulties,the author thought to standardize the evidence investigation procedures,for example,through strengthening the court authority investigation and evidence collection,the parties to the private right disposition to make strict restrictions,balance the litigant's litigation ability,effectively detect false behavior;Through the reasonable allocation of the burden of proof of the litigants,to avoid the application of the burden of proof allocation rules to determine the substantive rights,and effectively prevent the parties from self-admission due to collusion;Through standardizing the trial cross-examination procedures,implementing the principle of direct words,the establishment of material evidence transfer system,promote the substantial evidence,certification,at the same time,according to the characteristics of all kinds of evidence by different methods for cross-examination;To prevent the formation of false litigation at the level of evidence by reasonably determining the standard of proof of the parties' claims;In addition,to construct the basic method of false litigation evidence examination and identification,in order to help the court to effectively examine the evidence in the trial stage,according to the respective characteristics of the physical evidence,we must apply different methods of proof to find its contradictions and unreasonable,the author summarized the following methods of proof through the analysis of false litigation case: first,the physical evidence of the display,identification and Jian Zhen,its mainly documentary evidence,material evidence,audio-visual materials,electronic data of proof method;Thesecond is the judicial authentication and expert assistance,from the form and substance of two levels of review,involving expert assistance to appear in court cross-examination and identification of the right to apply for relaxation;The third is the examination and determination of witness testimony,forcing the witness to appear in court and ordering the parties to appear in court,and conducting isolated inquiry;The fourth is to use the contradiction analysis method,experience,logic,common sense to find the contradiction between the evidence;The fifth is to examine and identify the three aspects of evidence,verify the legitimacy,authenticity and relevance of evidence one by one from three angles,and put forward the relevant rules of evidence.The author thinks that the use of logic,common sense,common sense,contradiction analysis method to determine whether the evidence and the size of proof,can effectively curb the spread of false litigation.At the same time,false litigation's behavior into the punishment has certain rationality,the application of criminal law should pay attention to the pre-law of civil procedure law is how to regulate,in the view of false litigation crime whether there will be criminal procedure and civil procedure convergence problem? How to evaluate the contradiction between the evidence collected in civil procedure and the evidence collected in criminal procedure? The author puts forward some solutions in order to provide theoretical help for the false litigation problem in judicial practice.
Keywords/Search Tags:Fraud litigation, Evidence investigation, Proof standard, Evaluation of evidence
PDF Full Text Request
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