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Research on Documentation-Submission Obligation in Civil Procedure Law

Author: ZuoFangChao
Tutor: XiaoJianHua
School: China University of Political Science
Course: Procedural Law
Keywords: Instruments proposed obligations Evidence collection The right to prove
CLC: D925.13
Type: Master's thesis
Year: 2011
Downloads: 22
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Abstract


The evidence is that the judge found that the facts of the case, to make the basis of the proper administration of justice. Evidence system occupies a crucial position in the civil litigation system, including evidence collection system is the premise and foundation of the entire system of evidence. Along with the reflection of the traditional debate 'synergy' the litigation mode requires bears evidence of third-party obligations between the parties, The instruments proposed obligation to obtain a good foundation of legitimacy. I National v. legislation in the absence of evidence collection system makes parties facing difficulties in collecting evidence in the case, and perfect the system of evidence collection is imperative. Throughout foreign countries to evidence collection system, we found that the instruments proposed obligation system for parties to gather evidence provides important means and methods, this paper introduces and analyzes the instruments proposed obligations and the need to establish the instruments proposed in our system of obligations The legislators want to be able to cause concern instruments proposed obligations and related systems thinking, in our setting instruments proposed voluntary system, establish and perfect the system of evidence collection, rich in the means and methods of the parties to gather evidence and protect the rights of the parties proof. This paper is divided into five chapters are discussed: Chapter One: instruments, presented an overview of the obligations. Instruments proposed obligation refers to the person adducing evidence used instruments for the parties to live up to the burden of proof or the third person to hold instruments apply, the burden of proof to the court, the court order instruments issued after review, instrument holders therefore burden to the people's court of the obligation of the relevant instruments. This paper will define the nature of the instruments proposed obligations for general obligation on public law, collaborative pattern of litigation of its legitimacy foundation, the instruments proposed system obligations. Chapter II: the instruments proposed scope of the obligation. This chapter introduces the instruments range of obligations including the individual obligations instrument and general obligations of the instrument, the individual obligation instruments mainly include reference instrument, read the instruments, the interests of instruments, the legal relationship between instruments, additionally discusses the general obligation instruments in case there are circumstances under which other refused to make instruments. Chapter: instruments proposed duty under review with the referee. This chapter describes the the person adducing apply the instruments proposed command should fulfill the obligations and the burden of proof of specific instruments specific obligation alleviate. Court of instruments command application review and referee program. Chapter IV: Violation of the instrument proposed command of sanctions. This chapter introduces the main instrument holders do not fulfill the sanctions instruments obligations, the measure assumes the burden of proof of the parties and the third party holders into different. Parties to live up to the burden of proof sanctions for fiction real sanctions of the third person is a fine or enforcement. Chapter 5: China set the basic concept of the instrument proposed voluntary system. Chapter on the basis of the preceding four chapters of the instruments put forward the basic content of the obligations described, combined with China's national conditions and obligations of the system by the simple idea of ??our setting instruments, its main contents include instruments nature of the obligation, the instruments proposed range, The circumstances under which other instruments command the application and review process, as well as violation of the instruments proposed sanctions obligations.

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