Dissertation > Excellent graduate degree dissertation topics show

The System of Preservation of Evidence Civil

Author: ZhouWeiJun
Tutor: ZhangLiPing
School: Xiangtan University
Course: Legal
Keywords: Civil action Civil Evidence Preservation of evidence Evidence investigation Procedural safeguards
CLC: D925.1
Type: Master's thesis
Year: 2007
Downloads: 151
Quote: 0
Read: Download Dissertation

Abstract


Civil Evidence Preservation System is an important evidence system determined by the Code of Civil Procedure , that the Court in order to prevent the loss of evidence or difficult to obtain later taken by the application of the party or ex officio , to conduct a formal investigation of evidence before filing a lawsuit or prosecution the evidence before the program to be a system of fixed and protection . Directly from the importance of the importance of evidence . It can not only protect and implementation of evidence collection and evidence of the parties the right guaranteed by the Court of Appeal to make a fair referee , but also conducive to the promotion of a dispute resolution . In China, although the addition of pre-litigation preservation of evidence has promulgated and implemented the \insufficient to meet the need of litigation , or even cause a serious departure from the legal truth and objective truth . In view of this, the paper analyzes the historical evolution of the preservation of evidence , clear the meaning of the preservation of evidence and classification , focuses on the purpose of preservation of evidence and legal value . Examine two legal systems major countries and China's Taiwan region on the provisions of the Civil Evidence Preservation System , found evidence preservation system defects is not clear and other aspects of the pre-litigation evidence preservation system is imperfect , the eligibility criteria are outdated and simplistic , and the competent court . These deficiencies , it is recommended that our evidence preservation system should refer to the legislation of Germany and Taiwan, China , improve the pre-trial evidence preservation system , clear evidence preservation elements of the application , clear a court of competent jurisdiction , in terms of procedural safeguards , the parties should be given the full the right to participate in the preservation of evidence procedures .

Related Dissertations

  1. Discusses the Judge on Justice Judgement Power of the Civil Evidence,D926.2
  2. On "the Classification of Complex and Simple" and the Mechanism of Fast Process,D926.2
  3. A Study of the Perfection of China’s Court Civil Mediation System,D925.14
  4. On the use of civil conclusions,D918.9
  5. Research on Investigation Procedures of Civil Documentary Evidence,D925.13
  6. The Perfection of Evidence Examination System for Civil Proceedings,D925.13
  7. On the Purpose of Civil Evidence System,D925.13
  8. Song Civil Evidence System,D929
  9. On Perfection of Civil Witness System,D925.1
  10. The Judicial Application of Evidence Rules of Civil Procedure in Rural Areas,D925.1
  11. Electronic evidence in civil proceedings,D925.1
  12. On the Civil Service System in China,D925.1
  13. On the outsider raises objection of v.,D925.1
  14. Study on Issues of Criminal Actions with Supplementary Civil Claims Instituted by Procuratorate,D925.2
  15. The Study of Civil Suit Collateral to Criminal Proceedings System,D925.2
  16. Research on Criminal Incidental Civil Mediation,D925.2
  17. On the way civil service reform,D925.1
  18. On the Reform and Improvement of the Civil Pretrial Procedure in China,D925.1
  19. The Construction of A Harmonious Society and Interpretation Right System,D925.1
  20. Chinese Rural Society Construction ADR,D621
  21. Research on Issue Identification in Pretrial Procedure of Civil Litigation,D925.1

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