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On the Free Evaluation of Evidence in Civil Litigation System

Author: LiuDan
Tutor: WangJiFu
School: Yanshan University
Course: Procedural Law
Keywords: free evaluation of evidence inner conviction system of legal evidence innerconviction prove eligibility
CLC: D925.1
Type: Master's thesis
Year: 2013
Downloads: 2
Quote: 0
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Abstract


Free evaluation of evidence inner conviction is a civil law countries nationalprocedural law commonly used in one system, its meaning lies in the judge ’s evidence onthe case is under court finds that the evidence appears information and conditions in thejudge ’s own judgment formation on the basis of facts of the case. Although the commonlaw countries, there is no evidence that the system will be a statutory system of evidence,but in the fact that the judgment still follow the principle of freedom of judgment.This paper is divided into five parts: the first part in the introduction mainlyelaborated research background,research purpose and practical significance, through abrief analysis and comparison introduce common law countries and civil law countriesregime applies for an overview of evidence by historical analysis, comparative researchmethods, combined with our view of some scholars analyze the status of domesticevidence system;mainly from the second part of the system of free proof connotation as astarting point,a profound analysis of the understanding of free evaluation of evidence, andthe characteristics, the disclosure of evidence and the existence value aspects of the systemintroduced in detail the aim can be more accurate and objective understanding of freeevaluation of evidence;third part mainly free proof from the historical development of thesystem as the background, comparative study of the continent law and common law freeproof differences, more clearly see the two legal systems in order to find evidence ofevidence of trends in the development of the real situation; the fourth part focuses on thestatus of China’s domestic judicial system as well as the evidence stage of China’sproblems, through the elaboration of evidence system issues, improving the system for theevidence to guide the direction; the fifth part describes the system need for discretion inour country, combining with the existing problems of reconstructing evidence systemwhich accords with the situation of our country. Advocate for legal evidence systemcombined with free heart certificate system to regulate the cognizance of evidence.

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