Research On The Rules Of Civil Evidence Association

The relevance of evidence is the basic problem in the law of evidence,and the rules of evidence correlation are praised as gold rules by common law countries.Judging the relevance of evidence is a necessary procedure for the admissibility of evidence in the course of trial in common law countries,and plays an important role in identifying the scope and determination of specific evidence related to the facts of the case.Because of the difference between the legal tradition and the litigation mode,the rules of evidence correlation in our country are in a contradiction that is constantly concerned about in academic theory and neglected in legislative practice.From the aspect of theoretical research,the status of evidence correlation as one of the basic attributes of evidence is a commonly accepted view point of evidence law scholars in china.The concept of evidence correlation is the theoretical basis of the evidence system and belongs to the "ontology" problem in the law of evidence.From the point of view of legislative practice,although the relevant legal provisions of our country mention "relevance",they do not make clear provisions on the definition of the concept of evidence relevance,the specific criteria and methods of its judgment,and the relevant applicable procedures and rules.Although China is carrying out the reform of litigation mode,but now it is still the power-based litigation mode,the judge determines whether the evidence is relevant mainly based on their own experience common sense.Because of the lack and imperfection of the legislation of the evidence correlation rules,the parties know little about the content of evidence correlation,which makes it impossible to catch the center of gravity of the evidence when using evidence to prove the facts of the case,which makes the judge face a large number of evidence that still needs to be screened in the evidence to increase the burden of litigation and reduce the efficiency of litigation.On the other hand,because it is not possible to supervise the judge’s adoption of evidence,it is easy for the judge to abuse his discretion to the detriment of the parties’ right to sue.On the basis of the existing research,this paper analyzes the differences between the relevant provisions of the two legal systems of evidence correlation rules,puts forward its own insights on the relevant controversial issues,and puts forward some opinions and suggestions on improving the application procedure of evidence correlation in our country,in the light of our own legal system and litigation mode.In order to provide ideas for the legislation of the rules of evidence correlation.In addition to the introduction and conclusion,this article is divided into four parts:Part One: An overview of the related issues of evidence relevance.This part of the content takes the basic problem of evidence concept as the starting point,and clearly summarizes the specific concept of evidence correlation through the different interpretations of the two legal systems of the two legal systems and the chinese scholars.From the concept of interpreting the relevance of evidence,the method of discussing the correlation of evidence is introduced,and finally leads to the essence and value of the evidence correlation rule.Provide the basis for the analysis below.The second part: analysis of the two legal systems of civil evidence correlation rules of the legal provisions of the differences and the causes.The common law countries mainly take the United States,Australia,India and the United Kingdom as the typical analysis of civil evidence association rules of the relevant legal provisions,while civil law countries mainly germany,France,Japan as a typical analysis of its civil evidence association rules of the legal provisions.Comparing the rules of evidence correlation between the two legal systems,summarizing the contents of the differences and analyzing the causes,it brings enlightenment and reference to perfect the evidence correlation rules of our country below.Part III: Analysis of China’s civil evidence correlation rules related to the legal provisions of the status quo and existing problems.This part of the content first analyzes the current laws and regulations and judicial interpretation of China’s civil evidence correlation rules related to the relevant content,secondly summarizes the judicial practice involved in the relevant situation,and finally from the two aspects of legislation and practice to analyze the existing problems.Part IV: The suggestion severity of perfecting the rules of civil evidence correlation in China.On the basis of analyzing the differences and reasons of the legal provisions of the two legal systems and our country on the relevant legal provisions of the civil evidence association rules,it summarizes the necessity of establishing the rules of civil evidence correlation,puts forward the legislative thinking on the rules of civil evidence correlation,and puts forward its own suggestions on how to perfect the application procedure of the rules of civil evidence correlation.