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Research On The Rule Of Corroborative Of Civil Procedural

Posted on:2019-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:M Y XuFull Text:PDF
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The rule of reinforcing evidence is a kind of rule of evidential evidences,which originates from the rule of limiting the evidential evidences in criminal proceedings based on the purpose of legislation policy,and then gradually breaks through the field of criminal proceedings and is applied to other fields of litigation.In China,the civil procedure law and relevant judicial interpretation also have provisions,which clarify the application scope of the rules of evidence reinforcement in China's civil litigation.However,there are still many disputes and disagreements between theory and practice about the understanding and application of the rule of complementary evidence.There is not only no unified consensus in theory,but also no corresponding provisions in legislation on the conditions that should be met for reinforcing evidence,the relationship between reinforcing evidence and master evidence,and how to use reinforcing evidence to form the correct psychological evidence of judges.How to reasonably use the rule of reinforcing evidence and effectively limit the judge's free heart evidence is an important problem to be solved in the civil procedure of our country.Only based on the basic connotation and essence of reinforcing the rules of evidence,step by step to explore rules behind because of the precise legal and diversified value orientation,the referee typed analysis was carried out on the reinforcing evidence rules and the process of reinforcing evidence rule running an in-depth thinking,brings forward Suggestions on reinforcing evidence rule,can really play to the role of the reinforcing evidence rule should have,for the development of the theory of civil evidence in our country to provide the beneficial reference.
Keywords/Search Tags:The Rule of Corroborative, Corroborative evidence, Substantive evidence, The discretionary evaluation evidence
PDF Full Text Request
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