Dissertation > Excellent graduate degree dissertation topics show

On the presumption of fact in the civil action

Author: MaXia
Tutor: ZhangHong
School: China University of Political Science
Course: Legal
Keywords: Presumption of fact The rule of thumb Measures to improve
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
Read: Download Dissertation

Abstract


The presumption of fact is the arbiter known to establish the facts on the basis of to launch another fact that the existence and authenticity of the rules of evidence , according to the rule of thumb and logical relationship . Presumption of fact is a facts of the case , the correct application of the presumption of fact has important practical significance . But in the practical application of the process , a lot of problems to be solved , these problems we need to analyze to explore and resolve them . Presumed from the fact that the meaning of the applicable conditions , litigation functions explore constructive system to establish the fact that in line with China's actual situation . The paper is divided into three parts . The first part is to start from the presumption , the presumption of fact and the legal presumption , inference and indirect evidence of confusing the concept of comparative analysis to distinguish between different points , indeed presumption of fact the connotation and extension of the concept . The second part is to be inferred from the fact that the existence of the basis of the applicable conditions of the three aspects of the value function presumption rules to conduct a comprehensive analysis of the facts . First, the presumption of fact that the basis of the existing main to include real logic based on rules of thumb and legal proceedings standard of proof . Second , the presumption of fact applicable conditions are mainly four aspects : the premise is still unable to prove that the alleged facts exhaustive existing evidence material ; basic facts true belief ; stability of normal contact between the basis of the facts and the facts to be proved , and allows the subject the negative presumption party contrary evidence to refute them . Again, the presumption of fact has the efficiency of the proceedings , to reduce the cost of litigation , the correct facts of the case , the course of justice and other value . The third part is the presumption of its own proposals on improving the facts on the basis of analysis of the fact that the status quo of constructive legislation and judicial status quo . First , China's legislative and presumption of fact not clearly defined rules , legal provisions are relatively simple , so it should be inferred from the fact that the applicable conditions, procedures , and effectiveness to improve law . Second , judicial practice without facts presumed presumed two cases and misuse of facts perfect reasons for judgment by establishing a verification system , initiatives such as the system of rule of thumb Case specification .

Related Dissertations

  1. Administrative Ethics from the Perspective of Contemporary Chinese Independent Institution Building,D630.9
  2. "Drunk Driving" into the Punishment of Legislation,D924.3
  3. Analysis of China 's environmental administrative licensing system,D922.1
  4. The table see proof system research,D925.1
  5. Medical security system of migrant workers,R197.1
  6. The Report about Minimum Living Standard Security System of Ji’an County,D927
  7. Constitutional Government and the legal protection of press freedom,D921
  8. Application of Presumption of Fact in Civil Litigation,D925.1
  9. China's new rural social pension insurance system research,F842.6
  10. Research on Civil Lawsuit Withdrawal,D925.1
  11. Secondary School Students How to Raise the Status of English Writing,G633.41
  12. The table see proof system research,D925.1
  13. Discussion on "Rule of Thumb" in China’s Civil Lawsuit,D925.1
  14. Problems and Countermeasures in the New Curriculum Reform junior high school teacher working,G635.1
  15. The Solution and Improving Ways of Conflict of the Conclusion of Judicial Identification,D918.9
  16. The Application Study on Customer Relation Management of Local Department Stores,F721.7
  17. On the Open System of Government-developed Information,D922.1
  18. Research on Institution of Tongliao Urban Land Reserve,F301
  19. The Judicial Interpretation of Legal Analysis,D920.4
  20. On the current situation and prospects of the development of small and medium-sized private cultural enterprises,G124
  21. Indirect evidence for the use in civil,D925.13

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