Font Size: a A A

Research On Civil Defective Evidence And Its Applicable Rules

Posted on:2021-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:G GaoFull Text:PDF
GTID:2416330647950245Subject:legal
Abstract/Summary:PDF Full Text Request
Defective evidences exist in civil lawsuit processes.Judges and judgments have been seeing quite a few defective evidences.However,concise definition has not been developed in China law system,while insufficient research has been done by the academic.Therefore,in judicial practices judges cannot always reach consistent understanding or application of defective evidence,which occasionally leads to unfair judgment.This article briefly describes the concept of a defective evidence in a civil lawsuit,and emphasise its basic principle and rule of inclusion in detail.This article is divided into four sections.In the first section,defective evidence definition is discussed.It first lists several cases showing defective evidences in judicial practices,then the concept,characteristics and categories of defective evidence is described.In the second section,basic principles of defective evidence are discussed.It includes evaluation of its admissibility and probative value,as well as its distinguishment from illegal evidence.In the third section,the rule of inclusion of defective evidence is discussed.Admissibility with the rule of rectification and probative value with the rule of corroboration are included.It leads to suggestion to construct the rule of evidence corroboration.In the fourth section,procedural regulation of defective evidence's rule of inclusion is discussed.It emphasises guarantee of fairness by procedural regulation,including the judge interpretation,openness of inner conviction,sufficient cross examination of the parties and the right of dissent of the parties.
Keywords/Search Tags:defective evidence, admissibility, probative value, rule of rectification, rule of corroboration
PDF Full Text Request
Related items