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On the legitimacy of the modern free evaluation of evidence '

Author: ShaoNing
Tutor: WangQiuLan
School: China University of Political Science
Course: Procedural Law
Keywords: Legitimacy Modern free evaluation of evidence ' Judicial proof way Referee system
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 89
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Abstract


Modern free evaluation of evidence 'is the evaluation of the evidence and proof way of ascertaining the facts in a judicial referee who, in our country, however, has not been adopted. This paper attempts to study the legitimacy of the modern free evaluation of evidence 'to deepen the understanding of the modern doctrine of free evaluation of evidence of our legislators, aware of its necessity and feasibility of the establishment of modern free evaluation of evidence the doctrine of judicial proof way to promote early establishment . The article mainly use empirical analysis in conjunction with the national legislation of the existing research results and scholars to prove its legitimacy. First expounded the \sexual lay the foundation for the analysis. Followed by the the the article object explicitly elaborated the etymology and definition of the doctrine of free evaluation of evidence and, respectively, from a historical perspective, the modern free evaluation of evidence 'and the need for its existence and external protection mechanism to demonstrate modern free evaluation of evidence' legitimacy: one, through elaborate forms of evidence system, the system of legal evidence, classical free evaluation of evidence doctrine and modern free evaluation of evidence 'to analyze the first three reasonable evidence system and internal defects, to arrive at the modern free evaluation of evidence' has inevitability of history, because of its first three judicial proof way sublation; modern free evaluation of evidence 'body must undergo a rigorous identification system to limit screening constrained by the strict limits of the law and the principle of rule of the scope of the object must be according to the laws of logic, the rule of thumb reach to cover contingencies proof standard; three, the purpose of modern free heart card 'and civil litigation dispute resolution phase fit, subject to the parties' litigation mode judicial independent (the judge's identity protection system), direct words, public hearing and other procedural principles, collegial panel, withdrawal of evidence from the public and the protection of the appeal system. Finally, theoretical analysis of the modern free evaluation of evidence humanitarian legitimacy will be applied in practice on in our build. China does not exist the modern free evaluation of evidence ', and by this judicial proof of our long-term no reason, and to establish the need for analysis, combined with the actual situation of China's current drawn from the analysis of the current positive law provisions and the corresponding system , that our country towards the establishment of the modern civil law-free evaluation of evidence capitalist development, and how to create a raised concrete idea.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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