On Judicial Notice

This paper is based on the existing theory,according to the current situation of China's judicial cognition to make a corresponding study,starting from the basic theory of judicial cognition,discusses China's judicial cognizance of the legislative status and practice of the existing problems and causes Then,we will examine and use the judicial recognition system outside the domain,and discuss and analyze China's judicial cognition system from the perspective of establishing the legal status of judicial cognition,improving the ability of judges to use judicial cognition,and the guidance of case studies.Construct.There are four chapters in this thesis.The specific structure of the paper is as follows:The first chapter is about the concept and theoretical basis of judicial cognition.This chapter is to define the concept of judicial cognition.First of all,it discusses the meaning of judicial cognition.Through comparative research,it defines the similarities and differences between judicial cognition and presumption,self-recognition,exempt fact and predeterminate facts.Then it discusses the theoretical basis of judicial cognition and discusses it from two aspects: epistemology and value theory.The second chapter is "The Current Situation of China's Judicial Cognition." First discuss the existing legislative drawbacks of China's judicial awareness,and then analyze the current legislation.Then analyze the current situation of judicial practice in China's judicial cognition,and then in-depth analysis of China's judicial cognitive dilemma causes.This chapter through an example analysis method,intuitively analyzes the judicial knowledge in China's judicial practice,the existing issues,the case of the analysis of the law,to see small.The third chapter is "Examination of Judicial Cognitive System in Foreign Countries".Through the investigation of the two major legal systems countries and regions,we first analyze the characteristics of judicial recognition of the two major legal systems,and then examine the scope,classification,effectiveness,and program setting of the judicial recognition of the two major legal systems.Meaning,to provide reference for improving China's judicial knowledge.The fourth chapter is "The Institutional Construction of China's Judicial Cognition and Related Supporting Measures." This chapter is the focus and difficulty of this paper.It mainly aims at the legislative status quo of our country's judicial awareness and the problems existing in judicial practice.It also provides suggestions for the judicial system of China's judicial cognition system and related supporting measures through the extraterritorial judicial cognitive system's implications for China's judicial knowledge.