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Research about Lawyer's Investigation System

Author: WuRui
Tutor: HuJunHui
School: Xiangtan University
Course: Procedural Law
Keywords: investigation and taking of evidence The lawyer investigation Effect of operation Improvement suggestions
CLC: D926.5
Type: Master's thesis
Year: 2013
Downloads: 37
Quote: 0
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Abstract

Evidence is the trial of civil cases court and the referee of the key andfundamental. Along with the development of economy, our country civil andcommercial cases the parties apply for the investigation of the case also will increase,but in the judicial practice investigation difficult the situation is very common, thanksin large part to infringe upon the rights of the parties to obtain evidence, also affectsthe ability of proof, and often leads to the parties in a "rational couldn’t say for sure."Due to the current system could not protect the rights of investigation by the parties,make the limited ability of proof and bear the risk of losing, can’t achieve its litigationpurpose, eventually making civil action to pursue the value of entity justice, safeguardthe legitimate rights and interests of target is difficult to achieve.Due to the reform trial way, court litigation mode also gradually reform in ourcountry, is now on its functions and powers doctrine mode gradually by the past to theadversary litigation mode transition phase."Who advocates, who proof" the lawsuitprinciple has become a basic rule in the field of civil evidence, thus the parties to theproposed claims have the responsibility of investigation and collecting evidence. Toeffectively implement and distribution of the burden of proof of the parties, the judgeinvestigation evidence collection has been dominated by the past super do proof modeshift gradually to limit direction of proof, the shift from the judicial practice, there isno doubt that more conducive to justice. Anything but as we know, every coin has twosides, the development of the burden of proof by the parties to implement, whilegreatly improving the party’s activity for investigation, but also gradually highlight theproof then hard to wait for all sorts of problems. For solving this problem, our countryhas been carried out in the many parts of investigation system, to further implementthe party’s burden of proof, safeguard the rights and interests, realize judicial justice.

Research about Lawyer's Investigation System

Abstract

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