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International civil review of the evidence and found outside

Author: ZhangZuo
Tutor: DuXinLi
School: China University of Political Science
Course: International law
Keywords: Overseas evidence Review identified Notary certification Forensics way
CLC: D997.3
Type: Master's thesis
Year: 2011
Downloads: 83
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Abstract

Evidence is the core of civil trial verdict based only on the evidence in the case in order to determine the clear facts of the case as a basis to help the judge make judgments, thereby clarifying the legal relationship verdict. In the international civil litigation, because many times the legal relations in the formation or presence overseas, so in order to prove the fact that the legal relationship will involve a large number of foreign evidence. From a broader perspective, the parties to the proceedings, evidence of identity issues are also included in the broad range of evidence, so evidence abroad in the international civil everywhere, and plays a very important role. In the international civil trial, because the special nature of foreign evidence, the judge requires a lot of relevant information among Qucuqujing, Quweicunzhen determine what evidence can be used as basis for the final decision, the work is outside review of the evidence and determined. It is precisely because of evidence abroad are international laws in different countries the requirements for evidence of differences in system utterly, forensic evidence from outside the body and then to the way the judicial practice forensic examination with certified standards, along a logical clue, every a national legislative and judicial For this problem has its own exploration. The final review and identified several issues before it with a chain, the study found outside the review and identification of forensic evidence can not be bypassed offshore modalities. Outside forensic evidence, although in most of the countries represented by two legal systems for this problem is still in dispute, but in recent years signed a large number of bilateral mutual legal assistance treaties and the 1970 Hague Evidence Convention, and several regional representative The signing of the Convention, to allow foreign forensics has become a legal framework to international cooperation. These international treaties and conventions legislative concepts and skills, as well as for outside review of the evidence and forensic identification problem solving are worthy of our consideration and study. Evidence System in the conflict of laws issues, this paper presents a theoretical discussion, trying to use the old conflict on private international law norms to supplement the International Convention for this solution. Because, after all, the International Covenant on relatively closed, confined to the limits and reservations acceding countries, in reality, also before emerging new situation appears relatively feeble, so this boldly explores the evidence in the field of international civil introducing foreign conflict rules be adjusted possibility and feasibility. Because of the international civil litigation with respect to the legislative and judicial practice of Western countries have started too late, so the relevant legislation and judicial practice in the international civil presence overseas evidence many deficiencies and immature place. Deficiencies in the legislation include the basic concepts are not clearly defined, rigid and fuzzy rules, as well as systematic deficiencies. It is because of the lack of legislation on judicial practice has led to the treatment for this problem stays in a relatively closed state, the strict requirements of notarization and authentication, while ignoring the circumstances of the case. So the end of this article, the author from international cooperation, improved legislative frameworks and rules and practice of judicial practice update several angles made perfect view to give this issue a more systematic theory of combing and to our international civil offshore review of the evidence and identification system to have a relatively fresh perspective.

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