Research On The Principle Of Full Meanings Of Oral Argument

Since the promulgation and implementation of China’s Civil Procedure Law,it has experienced several modifications,but has yet to establish the principle of free evaluation of evidence,as to full meanings of oral arguments which is in the doctrine of the principle of free evaluation of evidence,not only the legal provisions do not require but the attention of academic to this principle is also less.With reference to the theory and jurisprudence of the civil law of Germany and Japan,this paper aims to make a brief analysis of its content,application,and the improvement of the supporting systems with the transplantation of full meanings of oral argument into our country.Apart from the preface and epilogue,this paper includes the following four parts.The first part is the overview of full meanings of oral arguments.The first part introduces the concept and content of full meanings of oral argument.The article defines it as all the materials except the result of investigation of evidence in oral argument expressed as the specific behavior of the parties and their agents revealed in the course.The article introduces the contents of full meanings of oral argument from the positive and negative aspects,and explains the differences from the principle of good faith and other systems.The second part is about the related problems of the transplantation of the principle of full meanings of oral argument into China’s Civil Procedure Law.The article first analysis the possibility of the transplantation of the principle of full meanings of oral argument,then the necessity of it from the following three aspects:firstly,the transplantation of free evaluation of evidence and full meanings of oral argument complies with the law of human’s understanding.secondly,because of the transplantation of full meanings of oral argument,the fact found will be more rational.thirdly,it will ensure the case fact objectively found.The third part is about specific application of full meanings of oral argument.The article first introduce and analysis the discussion of the relationship between full meanings of oral argument and result of investigation of evidence in Germany and Japan in theory and practice,and arrives at that whether oral argument with it’s full meanings alone can serve as the ground for fact founding should depends on the kind of the fact.Then,on the basis of which,the author divided the fact of the case into direct fact and indirect fact,the article demonstrates that with full meanings of oral argument alone,the judges can just identify the indirect fact.The forth part is about the improvement of the supporting systems with the transplantation of full meanings of oral argument into China.The article first places full meanings of oral argument under the judge’s discretion,and indicates that we should restrict the discretion from the following four aspects:the system of "overt inner conviction",the system of "opinion for judgment",judges elitist,the case guidance as well as the supplementary of the judicial interpretation.Then the article introduces the principle of concentration,and points that the transplantation of the principle of concentration or shorten the interval between trials can ensure that based on a fresh impression on the oral argument,the judges can be more applicable to the principle full meanings of oral argument.