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Study on Proving Prejudice System in Civil Litigation

Author: LiQingJuan
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Civil action Prove hinder Constituent elements Reversed the burden of proof Instruments proposed obligations
CLC: D925.13
Type: Master's thesis
Year: 2009
Downloads: 40
Quote: 0
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Abstract


Proof in Civil Litigation hinder , and live up to that responsibility of the parties for intentional or negligent party the burden of proof on the other party activities obstructed, so that the other can not prove the fact that they claim in a civil action . Prove obstruction has not only damaged the legitimate rights and interests of the other party , can also disrupt the normal litigation order of proof in civil proceedings , so the civil law and common law countries, the Code of Civil Procedure provides for appropriate sanctions obstruction . But in our system did not establish a sound proof hinder . Although China 's Civil Procedure Law and relevant judicial interpretation of the provisions of this act , but the provisions are there many loopholes , real action to prove hinder behavior intensified the situation is not much relief . Therefore, the perfect proof to prove prejudice to the provisions impede the system is bound to become the theoretical and practical problems to be solved to improve the legal and judicial interpretation . From the introduction proved hinder the basic theory and related laws of the civil law and common law systems of major countries and regions , and their analysis and evaluation , and finally settled in the status quo of China's relevant laws and insufficient and in to learn Two Schools system on the basis of trying to prove that hinder system to propose ideas on China . In addition to the introduction and conclusion , including the certificate hinder Overview , Two Schools prove impede system , Our Civil prove prejudice to the status quo analysis , improve the four chapters of Civil Litigation prove prejudice to the idea of the system .

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