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On Civil Authenticity and Validity of the Decision

Author: ZhangZuoHong
Tutor: DuZuoZhe
School: Northwest Normal University
Course: Legal Theory
Keywords: Magistrate facts Legal authenticity Presumption system The burden of proof system Correctness Legitimacy
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 20
Quote: 0
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Abstract


This paper aims to civil magistrate on the veracity of the facts is the correct result of the civil magistrate judge standards, the civil magistrate that the authenticity of the civil magistrate is the basis of accuracy, authenticity fact that the civil magistrate decided the outcome of the correctness of the civil magistrate. As the authenticity of the civil magistrate fact that the standard of objective truth and the real duality of the legal, civil magistrate fact that Han perturbation in the legal norms of the objective facts, the purpose of civil trials, civil facts in the form of logical reasoning, the civil magistrate is the correctness Form is correct. Especially in the authenticity of the facts unknown, the result of the civil magistrate system is based on the presumption of disjunction of the facts and negative facts of the true state of fiction, with the burden of proof to the magistrate system results. As is the result of the correct facts and the corresponding state, so in a civil magistrate mid-range objective facts culvert perturbation in the legal norms and performance to determine the legal facts, based on the fact that the referee made the right results. The authenticity of the facts unknown when a magistrate from the correctness of the legitimacy of the civil magistrate system, the specific performance of the system and for the presumption of legitimacy of the burden of proof system; presumption system and the system of burden of proof from the legitimacy of the probability of objectivity, based on experience Causal reasoning in the form of justice and legal authenticity, the legal fiction that authenticity. In a civil magistrate basis of the fact that two states, the referee made the right decision results are results. Therefore, the authenticity of the facts is the correct decision based and standards.This paper is divided into four sections:The first part of the facts and the fact that referees and other articles related to the fact that the concepts defined. Magistrates discussed the fact that the experience of properties, clear the fact that referees have the objective facts and legal facts of duality, the magistrate stressed that the legal characteristics of the facts. And defined by the disjunction of the facts and the fact that the concept of negative.The second part of the real and true concept of the proceedings conducted .A detailed exposition from the real impact of litigation and the true concept of establishing the theory of a lawsuit that the real concept of objective truth and the real duality of the law. And in order to establish objective truth for the purpose of the law to real standards of practice for the civil standard of proof on that evidence of the advantages of standards and objective truth and the real reunification of the legal standards that the common basis.The third part of the decision on the facts and the authenticity of the relationship between the accuracy of the results magistrate, a magistrate fact that the authenticity of duality, the fact that the logic of reasoning and litigation purposes correctness of the results of a magistrate’s decision, an indication of the results of the correctness of the decision Is the form of attributes. Magistrate accuracy of the results is the form of the correctness of the properties, with a magistrate of the true facts in an objective standard is to establish real law on the authenticity of the characteristics.The fourth part from the presumption system and the legitimacy of the burden of proof system based on the authenticity of the facts unknown when the results of the correctness of a magistrate. The two systems on the legitimacy of probability and experience in addition to the causal reasoning on the basis of theory, relying mainly on the basis of the facts and the fact that a magistrate authenticity of the characteristics of the law, that the two civil litigation system in real terms reasonable. And that this substance is a form of rationality of the significance of the correctness of a magistrate.

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