Dissertation > Excellent graduate degree dissertation topics show

On the facts found in the judicial notice

Author: ZhuZuo
Tutor: ZhangBaoSheng
School: China University of Political Science
Course: Evidence of Law
Keywords: Judicial notice Exceptions prove the The status and role of the fact-finding
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 165
Quote: 0
Read: Download Dissertation

Abstract


As an important part of the rules of evidence , the judge for judicial notice of certain matters in terms of direct certification activities . It is a fact recognized by the way , but said essentially belonging to prove an exception . In the lawsuit, judicial notice has many effects, including improving the efficiency of the litigation , the advance of the findings of fact , the burden of proof on the rigid allocation of softening and so on. Judicial notice is a summary of human knowledge and experience -based , summed degree of certainty itself affect the accuracy of judicial notice , and thus also affect the use of judicial notice of the fact-finding accuracy. As proof of exception, the convenience of judicial notice easily lead to its abuse , and therefore , its application should be limited. Especially in criminal proceedings , should be strictly limited judicial notice of the terms and conditions . Although the term of the legislation did not take judicial notice , appear only in the judicial interpretation of several so-called \quality is generally not high , not appropriate for judicial notice of the applicable circumstances exist in practice . To do this , you need to make improvements in the legislative and judicial and perfected to ensure the rational use of judicial notice , to play its proper role in the findings of fact . Specific structure of this paper is as follows : The first chapter , the concept of judicial notice be discrimination , and in this article defines the concept of judicial notice ; defined the scope of judicial notice . The second chapter , through the fact-finding process of litigation activities overall study , a clear position in which judicial notice , while judicial notice and summarized as analyzed and compared ; and elaborated on the basis of judicial notice in the fact-finding role . The third chapter , by comparing judicial notice and proof of relationship inference reveals the judicial notice is essentially proved the exception , and thus discusses judicial notice applies in criminal proceedings should be strictly limited . Chapter IV , as a starting point to actual cases , cognitive problems and discuss the judicial and legislative deficiencies exist in our judicial practice and proposed addition to the corresponding legislative proposals and legislation regulating the use of judicial notice of the proposal .

Related Dissertations

  1. Principle Procedures on Court for Judicial Notice,D925.1
  2. On Judical Notice,D916
  3. Analysis on Judicial Notice System of Civil Procedure in China,D925.1
  4. Judicial notice Rule,D916
  5. On the Crime of Assembled Pruriency,D924.3
  6. On the role of \,D925.1
  7. Judicial Notice in Civel Procedural,D925.1
  8. On the Object of Judicial Notice,D915.1
  9. Judicial notice of proceedings,D926
  10. Burden of Proof in Administrative Procedure,D925.3
  11. Judicial Notice in Civil Proceedings: Problems and Ideas,D925.1
  12. The Research in Fair Trial Question on Constructing Socialist Harmonious Society,D926.2
  13. On the Judicial Notice in Civil Proceedings,D925.1
  14. Exceptional Rules of Proof in Litigation,D915.3
  15. A Study of Distinct Fact by the Judicial Notice,D916
  16. Judicial Notice: Doctrine、Rules and System,D915.13
  17. Environmental Public Interest Litigation Plaintiff Qualification,D925.1
  18. Environmental Justice empirical research,D925
  19. Research on the Connection between Security Case and Criminal Case,D925.2
  20. Research on the Qualification of Plaintiff in Environmental Public Interest Litigation,D925
  21. Criminal Defense Rignts in the View of Legal Soeiology,D925.2
  22. Rational Analysis of Criminal Settlement and Establishment,D925.2

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