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The Our Country Civil Case Quality Certificate the System is Perfect Research

Author: WuHaiJun
Tutor: FuDongMei
School: Inner Mongolia University
Course: Legal
Keywords: Civil cross-examination Examination Pattern Comparison Mode selection Defect Perfect
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 89
Quote: 1
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Abstract


The cross-examination is an important system in the civil action, is an essential part of the judicial proof is also a procedural safeguards provided by the parties, is the the judge selection of evidence to go through the procedure, it is a concrete manifestation of the implementation of the principle of direct words and principles in the debate . Deep sentiment based on the author of the civil Questioning System problems in the legislative and practical operation, our civil Questioning System perfect \The thesis consists of the following five parts: The first part is an overview of civil cross-examination. This section discusses the concept of civil cross-examination, the civil cross-examination of the main object, the contents of its meaning and effect. First, the cross-examination of the concept of the civil elaborate, and then analyze the significance of civil cross-examination of the main object, content and cross-examination, and finally described the cross-examination of the effectiveness of civil and lay a solid foundation for the later part of the content. The second part of our existing way of cross-examination of civil and use. The part of the civil cross-examination of the basic approach and specific methods of analysis. The same time, were analyzed by using a different method of cross-examination of the Civil Evidence from the analysis of the sources of evidence, in the form, and to find out the reasons that affect the authenticity and validity of the evidence, through the analysis of the content of the evidence, summarized the evidence from objectivity and relevance. . The third part of the civil cross-examination mode comparison. This section first elaborate mode of cross-examination in the United States, Germany, Japan and other countries, through the comparison of the two legal systems of cross-examination mode, focusing on the advanced experience of the interpretation of the two law systems Questioning System, and the analysis of its achievements and deficiencies existing in Department, in order to seek perfect path for our Confrontation System defects. The fourth part is the existence of the problem of China's civil Questioning System. This section mainly from cross-examine legislation, as well as practical operation of two aspects, focusing explain our civil Questioning System more prominent presence of several problems, this is also seriously affect the normal operation of several issues of cross-examination system. First, the main content of our current civil Confrontation System described; Second, the basic elements of the legislation on cross-examination and operational procedures of regulations is not clear, some of the inconsistencies, the status and role of the parties and the judge is not explicitly defined, thus practice the lack of overall guidance for the operation, serious impact on cross-examination functions of play; Finally, due to the simple rules of cross-examination, the general lack of maneuverability in judicial practice, led to the formalization prominent cross-examine the phenomenon of disorder, which is also the civil Questioning System There is a more serious problem. The fifth part, civil Perfection of Interrogation. A few outstanding issues that exist in this part of the core of the full text, mainly for the upper part of the cross-examination of our civil system to be addressed in order for the reform of the civil Confrontation System insights. First, the cross-examination of China's civil described; Secondly, the principle of cross-examination of our civil discourse; once again, by the operation of the general situation of the the Two Schools National Civil cross-examination program to inspect and learn from their experience, and in considering essential function of the cross-examination, cross-examination system of procedural safeguards function, the pursuit of substantive justice, ordered to carry out cross-examination and other related factors on the basis of witnesses, expert witnesses and inspection Testimony System should be further fine-zoned and clearly defined, to improve the cross-examination of the basic elements of the operational procedures, the exchange deadline and in the cross-examination of the system and the burden of proof of the parties and the judge the status and role of the evidence before the court be clearly defined, and cross-examination rights described how relief.

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