Research On The Rules Of Admissibility Of Evidence Of Civil Defects

With the general awakening of the public’s legal awareness,the advancement of the case-filing and registration system,and the continuous deepening of online litigation,the method of resolving conflicts in litigation methods has become more prominent in people’s production and life,and the number of civil cases in courts across the country has exploded.With the rapid increase in the number of cases,the amount of evidence submitted by the parties to the court has increased in various forms and in different qualities,especially the evidence that does not fully meet the requirements of the Civil Procedure Law and is not in a perfect state begins to occupy a certain proportion.,which also plays an increasingly important role in the progress and outcome of the entire civil litigation.However,in civil litigation,when dealing with such "imperfect" evidence,it seems that there is no way to deal with it.The quality,scope,remediation,and acceptance of evidence are also the most concerned areas in judicial practice and theoretical research.In judicial practice,retrieval of Chinese judgment documents Net,set the case type as a civil case,and the full text contains "defective evidence",there are 4041 cases,and after selecting the keyword "defective evidence",458 cases are screened.After reviewing the judgment documents,it is determined that the disclosure of the heart evidence is often a simple description.,if the defective evidence is not recognized,etc.,the reason or basis for the use of the defective evidence has not been fully demonstrated;in theoretical research,only 24 research literatures containing the words "civil defective evidence" were found by searching CNKI,and then the research was carried out one by one.,only 11 literatures are highly relevant,which shows that scholars pay little attention to them and their research and analysis are insufficient.In order to attract practical and theoretical attention to this phenomenon,in order to pay attention to and solve this dilemma,this paper intends to make a comprehensive overview of the connotation,characteristics,and scope of "imperfect" civil evidence,from its theoretical and practical remedies,and the status quo of acceptance.Starting from this,improve the rules for the adoption of such civil evidence and make it play its due role.The first part mainly clarifies the probability of civil defect evidence,the distinction,characteristics and classification from illegal evidence.Firstly,the civil defective evidence is drawn from the "defective evidence" in criminal proceedings and the legal provisions of the Civil Procedure Law,and the concept of defective evidence is defined.Then,through the improvement and evolution of the exclusion standard of illegal evidence in civil litigation and the distinction from illegal evidence,the civil defective evidence is sorted out and summarized.Finally,the scope of flawed evidence is clarified in a typified manner.The second part conducts a specific research and analysis on the effectiveness and remedies of evidence of civil defects,mainly sorting out the principles,factors to be considered,and the specific rules of remedies such as correction and reinforcement.After determining the validity rules of civil defect evidence,comparing different types,natures,and forms of civil defect evidence,fully and reasonably use evidence correction methods and evidence reinforcement rules to restore or strengthen the ability or probative force of evidence,which is the path of the following defect evidence rules Provide research guidance.The third part conducts practical research on the judicial practice of civil flawed evidence.Based on the 458 judgment documents of Judgment Documents Network,it comprehensively sorts out and analyzes the flawed evidence,and observes the annual development of civil flawed evidence..The frequency of occurrence of different causes of action,enumerate the manifestations of flawed evidence in judicial practice,and summarize the acceptance of it in judicial practice.The fourth part perfects the rules of admissibility of defective evidence in civil proceedings.From four aspects: the refinement of evidentiary capacity and the standard of proof of case facts,the correction of legitimacy,the reinforcement of authenticity,and the guarantee of remedial procedures,the rules for the adoption of evidence of civil defects are improved,in order to expand the scope of theoretical research and provide information for judicial practice.A meaningful reference.