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Indirect evidence for the use in civil
Author: LvXiaoNing
Tutor: WangQiuLan
School: China University of Political Science
Course: Legal
Keywords: Indirect evidence The standard of proof Admissibility Presumption of fact
CLC: D925.13
Type: Master's thesis
Year: 2011
Downloads: 155
Quote: 0
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Abstract
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Circumstantial evidence since its emergence as the evidence of the development of the system when it is increasingly being given a lot of expectations , coupled with indirect evidence itself has not met from direct evidence at the function, as well as civil backbone with proof the close relationship between responsibility , making the final decision on the rules of circumstantial evidence becomes quite necessary . Although more direct evidence , the circumstantial evidence more dependent on the judges' evaluation led to cases of differences manifested very complex that it is difficult to actual cases as the starting point for a whole broadly summarized . However, we still find that the real problem is that we have indirect evidence of use or lost in the confusion or lost in too harsh. Reasons for judgment hastily judge some representation from the reflection of the use of circumstantial evidence are not standardized ; chest lung examination and other similar cases and judges face only indirect evidence reflects when finalizing the negative ; particularly worth thinking about the deeper problem is that the circumstantial evidence in some cases, the inability to use the features of the growth of legal norms adversely affected. Based on consideration of all the above factors , expanding the scope of application of circumstantial evidence and on this basis to further enhance the probative force of circumstantial evidence finalized system construction has become the starting point and ending point. Thus , out of the shackles of the border itself circumstantial evidence , circumstantial evidence from the applicable correlation with the largest indirect evidence for the use of three aspects of sound system built to become the core of the rules : First, according to the specific nature of the case reduced indirect evidence that the standard of proof ; Second circumstantial evidence to achieve certification from Affinity admissibility shift focus on improving the rules of admissibility ; Third, attach importance to the use of circumstantial evidence and the fact that the rule of thumb presumption system .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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