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Research Of Civil Litigation Evidence Common Principles

Posted on:2019-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:B C WuFull Text:PDF
GTID:2416330596963521Subject:Law
Abstract/Summary:PDF Full Text Request
In fact,theory of civil litigation evidence common principle is not explicitly stipulated in Chinese legislation,and there is not much discussion in the theoretical circle.However,in practice,there are exist some problems such as the judge involuntary application and how to operate after the application,the reality is difficult and complicated.Therefore,we should pay more attention to how the common principles of civil litigation should be applied in various specific situations.The judge mainly relies on his authority to investigate and collect evidence,thus ignoring the litigant's principal position in the lawsuit,and the principle of common evidence loses its existence space.On the issue of whether the principle of common evidence is applicable,the countries of common law system and continental law system have different attitudes.The existence of the principle of common evidence is used to solve of complicated litigation evidence problem,it is of great significance with the current judicial reform in our country,the rights of the parties is becoming more and more be taken seriously,our country is necessary to introduce the principle of common evidence in civil lawsuit.The purpose of this paper is to study the basic theory of evidence common principle and the empirical research of relevant cases,aiming at solving the specific application of the principle of evidence commonality in judicial practice.The core part of the article is suggested the relevant personnel to conduct regulation of civil litigat ion,divided into the opposition between the parties apply the principle of common evidence regulation,common litigants and between the third person to apply the principle of common evidence regulation,the specific apply the principle of common evidence of possible problems,put forward the feasibility suggestions;In addition,the application of the principle of common evidence also requires procedural protection.
Keywords/Search Tags:the principle of common evidence, free evaluation of evidence, the principle of debate, surprise attack of judgment
PDF Full Text Request
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