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Discusses the Judge on Justice Judgement Power of the Civil Evidence

Author: YangZuo
Tutor: NiHongTao
School: Xiangtan University
Course: Legal
Keywords: Civil Evidence Judicial discretion Control
CLC: D926.2
Type: Master's thesis
Year: 2009
Downloads: 32
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Abstract

For a long time, China has been reluctant to face the judges discretion , but the trial practice , especially judges in the applicable rules of evidence , judicial discretion is far more prominent. The emergence of judicial discretion , in order to fill the defects of the statute itself is such as lag, rigidity , because the community has been unable to adapt to constant changes and developments in the statute or lag behind this social change and development . The emergence of judicial discretion is precisely comply with this requirement may be made up . It promotes the development of the administration of justice , as well as to better promote the referee results tend to be objective and true . Unrestricted use of judicial discretion , however , may cause side effects , in particular , is likely to lead to corruption . The emergence of judicial discretion does not necessarily lead to corruption , but only after being abused before ' will inevitably lead to corruption . The judges should be reasonable exercise of judicial discretion , to allocate and balance justice . The paper first discusses the meaning and value reflection of judicial discretion in the application of the civil rules of evidence . Angle of the second part of the trial practice to discuss the status quo and thinking of the judges on the Civil Evidence judicial discretion , this part is the full text of the focus , from the evidence , cross-examination , certification status quo and thinking of these three areas to talk about judicial discretion . Finally , discussed the abuse and control of the judges on the Civil Evidence judicial discretion . I hope the judge about the Civil Evidence judicial discretion , attract the attention of everyone thinking on this issue .

Discusses the Judge on Justice Judgement Power of the Civil Evidence

Abstract

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