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Study on the State That the Civil Fact’s Authenticity is Unclear

Author: ZhangLiHong
Tutor: ZhangShiQuan
School: Shandong University
Course: Legal
Keywords: the fact that the authenticity is unknown reasons resolving methods inhibiting measures
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 26
Quote: 0
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Abstract


The fact’s being unclear, which exists in any action, any type of proceedings, and the legal system of any country,is a basic problem, the core of which is that when the fact the proceedings entails becomes impossible to get clear,Judges and parties how to evaluate the legal question. Generally, no matter one part or both parts whether or not can produce evidence or produce what kinds of evidence, the Judge can make clear the facts through trial inspection, and further give judgment in accordance with law on the basis of being sure of the authenticity of the fact to be proved. Lacking necessary evidence, we sometimes can not make sure the authenticity of the fact to be proved which result in the state that the authenticity of the fact is unclear,The fact that the authenticity of the fact to be proved is unclear arise both from subjective and objective reasons which can not be avoided in proceedings.However, the essence of jurisdiction requires that even if the disputing fact on which the lawsuit depends becomes impossible to be identified, the judge shall also give judgment regarding the disputing fact. The requirement before results both practically and theoretically in refuse to referee, not be accepted, rejected the prosecution, mediation, referee postponed and other methods which are resorted to deal with the fact that the disputing fact is unclear. This article aims at solving before mentioned dilemma confronting civil legal proceedings by means of analyzing the reasons for the state that the disputing fact is unclear and measures taken against it.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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