Dissertation > Excellent graduate degree dissertation topics show

On the Civil Evidence Collection System in China

Author: WangLing
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Civil action Collection of evidence Parties' evidence collection Court investigation and evidence collection
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 175
Quote: 0
Read: Download Dissertation

Abstract

The center of the civil proceedings of the effective conduct of the investigation and collection of evidence, the proceedings of evidence is needed, otherwise it is impossible to ascertain the facts of the case. However, evidence exists as an objective factual material, will not take the initiative to appear in the activities of the proceedings, in order to be utilized, it will inevitably require a survey of evidence relevant to the case and collect. China's civil litigation system of evidence collection is undergoing a process of change to the parties to investigate and collect mode by a judge to investigate and collect mode, and this shift to meet modern civil judge in neutral basic requirements. However, in this process of change, how to coordinate the relationship between the burden of proof of the parties and the court to verify the current evidence of Civil Procedure Reform encountered a bottleneck. This thesis focus on China's Civil Evidence collection system, and that relates to the rights of the parties' evidence collection and perfect, the people's court evidence collection rights and perfected, the parties focus on the collection of evidence is evidence of procedural safeguards on the Rights of the collection; court focus on the collection of evidence is emphasized in accordance with The terms of reference of the shackles of collecting power. First of all, the doctrinal definition of the concept of evidence-gathering, to many doctrine Quweicunzhen have a clear grasp of the concept, separate evidence collection and evidence investigation. Grasp the concept on the basis of a brief analysis of the evidence collected clear an important position in the entire civil activities; against the basic principles of investigation and collection of traditional evidence organize, emphasizing the positive sense, principles, and amend and contemporary approval manner contrary to the principles. Second, comparative law perspective, the system of evidence collection for the two legal systems to carry out the comparison. Evidence collection systems used by the two legal systems among the major countries a brief overview of the reasons for the differences on the system of evidence collection and assessment, in order to play a useful reference level system reform in the collection of evidence in China and constantly improve. Again, focus on the analysis of the system of evidence collection, one by one from the history and current situation assessment, focuses on two major evidence of the parties and the court to collect the main evidence-gathering rights, and its problems and controversies. Effective checks and balances of the parties and the Court of Justice on the right of collection of evidence, the key points of the reform of the Civil Evidence. In China's trial by the inquisitorial to the adversary excessive process, evidence collection system in China also experienced a judge to investigate and collect mode shift mode to the parties to investigate and collect information on the protection of the parties' evidence collection procedures, however, in our legislation missing , which makes the judicial practice of the parties evidence collected at a disadvantage. The court evidence collection feebleness there are also highly controversial. Finally, to fully draw on the basis of the foreign legislation system, proposed to further improve the idea of ??evidence-gathering system mainly includes two aspects: the construction of the instrument command system and civil affairs evidence investigation system.

Related Dissertations

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