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Textual Researching and Discussing on Chinese Archaic System of Expert Evidence

Author: SunDaMing
Tutor: DingLingHua
School: East China University of Politics and Law
Course: Legal History
Keywords: Chinese ancient history expert evidence expert evidence system judicial system
CLC: D929
Type: Master's thesis
Year: 2006
Downloads: 391
Quote: 1
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Abstract


In the judicial practice, to the fact recognized is at the important position throughout. In the process of affirming the facts people can involve special the question frequently to identify, the recognition and the judgment. From this has then had expert evidence gradually, and has formed the expert evidence system. The expert evidence system then is contains the expert system, the appraisal procedure system, the written questioning witnesses system, the appraisal control system and so on the institutional framework. The expert evidence system is the legal system important constituent. With lawsuit system in particular evidence system close correlation. The former historians mainly stressed to the ancient times expert evidence research on the appraisal science and technology, had not the special research on expert evidence system. Our country ancient times the expert evidence history was remote, even intrinsic on international occupied the leading status in the quite a long time. Behind the advanced appraisal science and technology certainly has the relatively mature appraisal system to take the safeguard. Our country is facing the expert evidence system reform presently the important transition, each theory and the viewpoint have wide divided opinions. Textual researching and discussing on Chinese historical system of expert evidence is helpful in the people clearly recognizes the present situation, correctly understood the expert evidence the essence and its the system characteristic, serve well for the socialist legal system construction.This article take the historical dynasty as a main line, from the expert evidence legal basis, the expert system, the appraisal procedure system, the expert evidence standard, appraises aspect and so on evidence system makes the preliminary discussion to our country expert evidence system development successional variation process.This article includes four parts besides the conclusion. The first part of introduction Warring Kingdoms to Qin Dynasty, the performance which our country ancient times the expert evidence system germinates; The second part introduces the Han-Tang Dynasty (key take the Tang Dynasty as), our country ancient times expert evidence system had been preliminary formation; The third part introduced a Song and Yuan Dynasties, our country ancient times the expert evidence system mature stage performance; The fourth part introduced the Ming and Qing Dynasties time, our country ancient times the expert evidence system further developments, and appeared the modern expert evidence system certain seed performance.Finally ,the article unifies our country the expert evidence system reform which carries on presently to propose individual tentative plan.

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