Dissertation > Excellent graduate degree dissertation topics show

The obligations of the responsible party of cases in solutions that live up to the burden of proof

Author: WangYao
Tutor: XiaoJianHua
School: China University of Political Science
Course: Procedural Law
Keywords: Xie Ming of cases Debate ' The burden of proof Judicial harmony
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 111
Quote: 1
Read: Download Dissertation

Abstract


Fairness and justice is the legal pursuit of the eternal value of Civil Procedure as a national set of to avoid private self-help and solve the disputes of the parties proceedings should be maximized to ensure both parties equally close to the fairness and justice in the proceedings . However, the evidence of bias in the civil party , according to the traditional doctrine of the debate under the burden of proof allocation rule , bears the burden of proof a party is probably because of objective reasons , the difficulties of proof and bear the adverse consequences of litigation , contrary to fair suspected . Therefore, in order to make up for such action bears the burden of proof a party at a disadvantage evidence gathering capacity and means to put the parties in litigation really enjoy equal status , equal opportunity and equal risk , some scholars civil law assumes the burden of proof the party of cases in the theory of solutions that obligation . Responsible party assumes the burden of proof of cases in solution that obligation is the responsibility of a party under certain conditions, the obligation to bear the third solution of cases in live up to the burden of proof in civil proceedings . Responsible party assumes the burden of proof of cases in solution that the obligations theory play an active role in litigation assumes the burden of proof third parties under certain conditions, to clarify the merits , equal attack defensive weapons to protect the parties in the proceedings , while the data collection of evidence more fully to improve the fairness of the outcome of the trial and convincing . This article assumes the burden of proof in a party of cases in solution that the obligations put forward the background, as detailed as possible to explore all aspects of the concept of the obligation , the type , nature and content , and thus the obligation to conduct in-depth thinking , from the civil law looking to support the obligations of civil litigation related theory and system basis . And then analyze the existing problems in China 's civil litigation practice , the imperfections existing relevant laws and regulations as well as the judicial concept of harmony under the guidance of reform of the mode of action , to explore the need for and feasibility of China 's introduction of the solution that the obligations of the party assumes the burden of proof of cases in eventually put forward ideas and suggestions of the introduction of the obligation , combined with our own situation , the introduction of the choice of the type of the obligations , the prerequisite , the scope and legal effect of further exploration .

Related Dissertations

  1. Large amounts of property from unidentified sources Exploration,D924.392
  2. Study on the Burden of Proof of Medical Damage in Our Country,D923
  3. The Nyaya Sutra argument doctrine of inherent characteristics,B948
  4. A Study of Legal Problems on Warning Defect,D923.8
  5. Medical malpractice Burden of Proof,D925.13
  6. Tort Liability Act in medical malpractice,D922.16
  7. On Sampsistemi Monastery of Tibetan Buddhism and the rise and fall of the debate systems formed,B948
  8. Large amounts of property from unidentified sources identified problems and Measures,D924.3
  9. On the Issues Related to the Proof of Detention,D925.2
  10. The patient disputes Burden of Proof of Jurisprudence,D923
  11. Stock market manipulation criminal regulation of behavior,D924.3
  12. Environmental Tort Civil victim's burden of proof and standard of proof,D925.1
  13. Criminal Presumption,D925.2
  14. China's medical tort action of the burden of proof,D923;D922.16
  15. Rules of judicial,D916
  16. According to the system of administrative licensing,D922.1
  17. Crime of stock market manipulation,D924.3
  18. Analysis the Burden of Proof System in Disputes in Online Shopping,F724.6
  19. The Research on the Burden of Proof in Patent Litigation,D923.42
  20. The Relationship of Ji Kang and Bao Pu Zi Inside Article,K236
  21. Study on the Causation Presumption in Medical Tort,D923

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