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Research on the System of China’s Civil Certification

Author: LeiLiNa
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Civil certification Evidence System Certification rules
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 43
Quote: 0
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Abstract


A civil certification system is an important part of the system of civil evidence, civil certification plays a vital role in the Civil Evidence activities. As we all know, certification of the facts of the case is the premise and basis of the applicable law, the facts of the case have become \The facts of the case on this basis has become a core issue in the litigation. Judge the evidence material reviewed to determine that certification as a connection proof, cross-examination with the applicable laws of the pivotal link growing concern by the people. Unfortunately, however, our country has no separate evidence legislation finds that most of the evidence in a number of procedural law, and the content is too principle, the lack of systematic and operability, and theoretical studies of the certification system is also very confusing, there is no play its due role in guiding. In view of this, we start from the basic concept of the profound analysis of the evidence of certification theory scholars should explicitly put forward the concept of authentication: civil certification review to determine the parties, the judge or to collect the evidence, and no evidence force as well as proof of ability and prove the size of the force identified litigation activities. It has the following characteristics: (1) certification is the exercise of a public authority; (2) certification is an inner activities of judges; (3) The certification shall be made public. Civil certification system elements include the civil certification body, objects and content, the establishment of the system is conducive to achieving a just value; conducive to the efficiency of the proceedings; conducive to improve the credibility of the judgment. The evidence from the two legal systems certification, through God shows foreign legal free evaluation of evidence system and certification rules elaborated play a supporting role in the improvement of our certification system. Based on the evidence the status quo of the certification system and the problems that our certification system for the following defects: certification applies principles of scientific; judge of evidence, the lack of freedom to determine, on the basis of the combination of above foreign certification system requirements and practices analysis, evidence that the force of power; certification is not enough public transparent; the excessive subjective arbitrariness of the judges in the system of free evaluation of evidence; lack of detailed rules of evidence. For the above-mentioned problems, the author puts forward relevant suggestions for improvement: the strict application independently according to law, the principles of open and fair certification; finds perfect probative force of the evidence rules; establish evidence certified opposition systems; relief and restriction mechanism to establish evidence of certification; reform and The perfect referee instrument system; further improve our rules of evidence. Civil certification system exists by this theory, put forward some recommendations to find ways to improve China's civil certification system at the legislative level.

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