Dissertation > Excellent graduate degree dissertation topics show

Disquisition of the Improvement of Proof-losing-right in Our Civil Lawsuit

Author: ZhuXiaoYun
Tutor: LiaoYongAn
School: Xiangtan University
Course: Procedural Law
Keywords: Civil action Evidence of loss of rights Time Limit of Evidence Evidentiary provisions
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 113
Quote: 0
Read: Download Dissertation

Abstract

The evidence is the basis for a civil action, which is the basis for decision and center of gravity of the trial. As the focus of the pre-trial proceedings reform, evidence of the loss of the right system is directly related to the effect of the evidence and concern. Evidence of loss of the right kind of litigation loss of the right is an important part of the Civil Evidence System. December 6, 2001, the Supreme People's Court promulgated the \Evidence of loss of the right system is conducive to the efficiency of the proceedings, maintenance procedures and stability, strengthening the principle of good faith. The academics welcome evidence of loss of the right of establishment of the system, but more focus to the emphasis on the evidence in a timely manner, less concerned about the loss of the right of evidence own limitations and their impact on the judge referees and the real interests of the parties. In fact, the evidence of the loss of the right found between the real purpose of litigation cases there is a certain degree of conflict, a potential threat to the realization of its legitimate rights and interests of the parties. Established by the system in our country is very short, the lack of supporting initiatives to support, in theory and practice can not help but encounter confusion and obstruction. The text is divided into six parts: the first chapter clearly defined evidence of loss of the right connotation of the system, from which begin to grasp its contents, and pointed out that the burden of proof and evidence of loss of the right system term system closely linked. The second chapter discusses the theory of procedural justice, to demonstrate evidence of loss of the right of the legitimacy of the system from the procedural law. At the same time, legitimate and has three areas of the value function, the effectiveness of the proceedings, the program stability and the principle of good faith. The third chapter examines evidence Invalidity established process, the need for a review of Evidence provides that \Chapter pointed out that the evidence of the loss of the right system and Proceedings Justice existence of tension and conflict, substance and procedures of the system is expected to target difficult to be fully realized. Comparison extraterritorial evidence of loss of the right to legislate, to explore the underlying causes of the differences, and to provide a useful reference for evidence of loss of the right system reform. Chapter Analysis of Evidence loss of the right system status quo, certainly in the positive sense, to analyze the limitations pointed out that the current evidence of loss of the right provisions is not reasonable. Chapter VI focuses on the Perfection of evidence Invalidity path concept contemplation of reality about the state of the nation, to learn from the the extraterritorial experience, in order to create a multi-angle, multi-level relief mechanism.

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
© 2012 www.DissertationTopic.Net Mobile