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Civil prove the legal basis of its institutions hinder conception

Author: DingYinLing
Tutor: DuZuoZhe
School: Northwest Normal University
Course: Legal Theory
Keywords: Prove prejudice Parties to the principle of equality Principle of good faith Interpretation Obligation parties
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 77
Quote: 0
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Abstract


Prove prejudice refers to civil party obstruct the opposing party evidence, resulting in difficulty or burden of proof can not, resulting in the authenticity of the alleged facts unknown circumstances, the parties should be how to allocate the burden of proof, and so prejudice to bear what legal consequences. In the lawsuit, the parties promising to provide evidence of their claims obligations, if unable to give evidence or not introduce sufficient evidence, the referee will face bear the adverse consequences of the risk, and a party's willful or negligent behavior often leads to prove prejudice the lack of evidence of the opposing party. Prove Obstruction in the judicial practice of frequent occurrence of serious damage to the impartiality of the judiciary as well as the realization of civil legal effect, not only frustrate the court's findings on the case, which seriously affect the impartiality of the court exercising judicial power, but also undermined the parties to Equal close evidentiary information, used to make the interests of the parties to bear injustice disposition, both based on maintaining equal status in the proceedings, to restore equality of the parties against the pattern of the proof hinder system research has become must, should focus their research When behavior is proof of prejudice, resulting in the authenticity of the alleged facts unknown condition, how to allocate the burden of proof should be, that is where the parties so that the burden of proof and can not bear the risk of losing the referee what degree of risk. Traditional proofs impede more consideration is the legal effect of punishment, emphasizing obstructs people and impose harsher sanctions to judicial enforcement of sanctions-based, but it ignores the evidence hinder relief function, this approach did not improve disturbed proof dilemma faced by people, both in bear the burden of proof is still regard their economic losses have been affected. In addition, the traditional proofs prejudice and unfounded prejudice subjective state of mind were different to define the level of sanctions, and did not give equal and fair procedures for its protection, which is incompatible with the concept of equality. And herein as principal of equality and the use of evidence-based approach, focusing on proven hinder relief features, combined with penalty functions, the ultimate protection prevention function is implemented. The ultimate goal of this paper is to prove prejudice in the traditional basis of theoretical studies, focusing on the principle of equality of the parties prove prejudice the legal basis of the system in-depth study in order to be able to prove that impede our theories about the law designed to contribute as well. According to this purpose, this paper prove prejudice from the concept and its constituent elements, the legal basis and institutional function, the legal effect of the three aspects Comment argues that eventually come to this conclusion and results. In these sections, prove the legal basis of its institutions impede function is undoubtedly the most important study, because of its direct influence and determine the system proved impede role in judicial practice, and we will take whatever legal designed to reflect the reality of the role of this theory and good legal effect.

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