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The Jurisprudential Foundation of the Rule of Subsequent Remedial Measures

Author: ZhangLingYing
Tutor: ZhangBaoSheng
School: China University of Political Science
Course: Legal Theory
Keywords: Remedial measures to rule Value Analysis Objective needs Fusion
CLC: D915.13
Type: Master's thesis
Year: 2009
Downloads: 83
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Abstract


Remedial measures rule is a unique in American law of evidence exclusionary rule . Consideration of whether to adopt the same kind of evidence in China 's judicial practice , the judge of this rule to show some degree of fit , which is the entry point of this article . This article first introduced the rules for remedial measures to clear its contents and theoretical status . Value Analysis of the Evidence Act , discusses the value contained by the rules of remedial measures , and described these values ??of universal significance . Next , the empirical investigation of the status quo found that our system of evidence gaps and necessary . Finally argues that the remedial measures rule the bearer of social policy considerations and the consistency of the social needs of China's market economic system , and compare the judicial system and the evidence of the concept of the Two , the commonality of the two legal systems the law of evidence , to eliminate its barriers. The structure of this paper is organized as follows: The first chapter of the rules of the remedial measures investigated . First clear the meaning and scope of the rules ; described the basis of the evidence exclusion rule principle , into the basic framework of the Anglo-American evidence law and the operating environment has been further elaborated . The second chapter is the analysis of the value of remedial measures rule . Demonstrates the theoretical basis of the law of evidence for the theory of value , and pointed out that the law of evidence value of the yuan and the four basic values ??. In order to facilitate understanding and comparison , this chapter will be the value of the law of evidence is divided into intrinsic value and extrinsic value , and in the light of this division is also divided into two types of rules of evidence , which reveals the common values ??of different legal systems, rules of evidence facility basis . The third chapter discusses the remedial measures rule to build in our country . The first section starting from the specific case of the absence of the Evidence Act analysis; analysis of Section II on the actual needs of the concept of harmony with the market economic system of our society and that remedial measures to the rules contained in the policy considerations of reality the pursuit of consistency of social value ; Section III discusses the concept of the traditional concept of the evidence Act and institutional differences , the two legal systems of each other facility .

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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