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Research on Examination and Determination of Evidence in Civil Procedure

Author: LiLi
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Civil action Evidence Review to determine Evidence of ability Probative force Rules of Evidence
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 18
Quote: 0
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Abstract


The evidence of the problem is the core issue in the civil action, because the identification of the facts of the case must rely on valid evidence. Litigating, cross-examination, the judge review the judgment evidence constitutes the central link of the civil cases, the trial, and the evidence for review of judgment has become the premise of the facts of the case. The legislative provisions of this stage is far from perfect, there are many problems in the judicial practice, the evidence in a civil action to establish a scientific review of the judging system is necessary. This paper is divided into four chapters on the analysis set forth in the civil action in the review of the evidence to determine. The first chapter is an overview of the evidence review judgment in civil proceedings. In this chapter, the author based on the concept in the form of evidence, the definition of the concept of civil action in the evidence review to determine, based on analysis from the three aspects of the subject, object and content of the evidence review to determine its characteristics, detailed discussion of the evidence and from the evidence and probative force of two to review the contents of the judgment. The second chapter review of judgments of foreign civil proceedings evidence visits, to judge from the evidence review of the principles and rules of the two aspects of the practice of common law countries and civil law countries compared and analyzed. Although the common law system a national review of the judgment evidence rules, especially the rules of evidence of the ability to judge the evidence, far more than the number of civil law countries, but the general view, the adoption of modern principles of free evaluation of evidence by the rules of evidence the discretion of the judge's regulation, it is a common practice in the world currently. The third chapter analyzes the status quo of China's civil litigation evidence review of the judging system. Not independent of the Evidence Code, \Introduction Supreme People's Court in December 2001, \This article by listing the ordinance in the form of analysis of the rules of evidence established by China's legislative system, and pointed out that the legislation is not complete at and summarize the practical factors influence the judge in the judicial practice correctly judge the evidence. Chapter proposed solutions to the problem, put forward a sound judgment evidence review of Civil Litigation envisaged from two major aspects of the rules of evidence and the security system.

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