On The Perfection Of The Rules Of Reinforcing Evidence In Civil Litigation

The rule of reinforcing evidence is the norm that proves the strength of the evidence after the development of long-term judicial practice,which is used to determine the evidence that proves the basic situation of the case.As a statutory evidence system,it plays a binding role in the civil law system of the judges.In the Anglo-American legal system,it is used as the main means to prevent the jury from being guided by any party in the process of fact finding.The rules for reinforcing evidence were mainly used in criminal proceedings,and then expanded into the field of civil litigation and administrative litigation.Therefore,the current domestic and international relevant legislation does not form a complete system for the provisions and doctrines of the rules of evidence for reinforcing civil litigation.In addition,the reinforcement of evidence as a type of evidence into the scope of evidence law research is relatively short,although there are some legislative provisions in the relevant provisions of the Civil Procedure Law and the Civil Evidence Regulations,but there is still a lack of systematic discussion,in which theoretically There is some controversy about the definition of its concept and scope.The basic contents of the rule include: the object proved by the evidence of reinforcement,the standard that should be proved and the scope of the proof,and the review of the evidence of reinforcement.The understanding is extremely confusing.This paper attempts to discuss the improvement of the rules of reinforcing evidence in civil litigation through four parts.The first part clarifies the basic theory of the civil litigation reinforcement evidence rule and solves its premise problem when it is applied.First,the legal semantics of the rule and the differences between the relevant meanings are demonstrated.Secondly,it discusses its nature.Finally,it analyzes the function of the evidence rule of civil litigation.The second part puts forward the shortcomings of the existing legislative provisions and related regulations in the civil litigation.The third part puts forward the practice status of the civil litigation reinforcement evidence rule.By analyzing the current situation of the rule in the judicial application,it finds the shortcomings of the current civil litigation reinforcement evidence rule in practice,so as to better from the legislation.Improve this rule with practice.The fourth part tries to perfect the evidence rule of civil action by making clear and specific regulations,such as unified reinforcement standards,defining the necessary conditions for reinforcing evidence,and in combination with corresponding mechanism and Suggestions to consummate the civil lawsuit of procedure guarantee reinforcing evidence rules.