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On civil court investigation of evidence

Author: TanYongBin
Tutor: QianChangYuan
School: Suzhou University
Course: Legal
Keywords: Court investigation of evidence Application and understanding National legislation Legislative Changes Certain provisions
CLC: D925.1
Type: Master's thesis
Year: 2003
Downloads: 138
Quote: 0
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Court investigation of evidence in civil litigation, as a way of judgment of authority doctrine, performance in the legislation of continental law countries, it is to find real true, improve the efficiency of lawsuit, although looked from the development trend, it is gradually shrinking trend, but in the traditional authority trial mode and national legislation, still have some performance. Chinese court investigation of evidence in civil procedure act, present from strong to weak, step by step from a wide range of unchecked to the limitations and the changing process of program control, the concept of procedural justice is a deeply influence the result of the legislation and judicial practice department, is also a judicial reform demands. The Supreme Court judicial interpretation to made the latest specification, court investigation, collecting evidence established in accordance with the functions and powers and in accordance with the party and agent AD litem for study two kinds of situations, and have their own applicable conditions, it is in practice to play a positive role at the same time, there is legitimacy plight, as well as other applicable problem of understanding and using to make the court investigation behavior legislation and judicial interpretations play a biggest role of purpose, should be in the form of legislation to give the judicial interpretation, perfect the relevant specification should be at the same time, to cancel locally to formulate such as investigation system, no unified rules of evidence investigation, maintain the unity of legal system and fairness.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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