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A Research on the Competency of Evidence

Author: PengWenZuo
Tutor: ZhaoGang
School: Wuhan University
Course: Legal
Keywords: Civil action Evidence Evidence of qualifications
CLC: D925.1
Type: Master's thesis
Year: 2005
Downloads: 233
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Abstract

This article is the theme of \The first chapter analyzes the elements of the evidence of eligibility, new perspectives about the meaning of evidence objectivity that the objectivity of evidence: evidence has inherent content, this content is not objective people will transfer reality. It is in this sense, the objectivity of evidence become modern evidence system different from the characteristics of the last non-evidence of the essence of the referee. The connotation traditional evidence theory gives the objectivity of evidence - evidence reflected in the content must be an objective fact - so that the relevance of the evidence and the evidence of authenticity. In the sense of evidence qualified evidence of correlation does not need to have a higher degree. Evidence of the extent of the correlation problem concerned the probative force of the size of the problem, and the presence or absence of the problem of the relevance of evidence off involved is evidence of eligibility issues. The legality of the evidence is the protection of the authenticity and relevance of the evidence, the fundamental difference of the Civil Evidence and scientifically proven evidence, and thus constitutes the essence of Evidence in Civil Proceedings characteristics. The second chapter discusses the principle of evidence of eligibility. Jieming the purpose of the legal system on the qualifications of the evidence is found to be true, and the protection of human rights, maintenance of other social interests. The third chapter deals with the relevant principles of the review to determine evidence of eligibility. Analysis of Civil Litigation evidence to exclude evidence prohibit the status quo with regard to perfect our evidence to the idea of ??the exclusionary rule; abide by the principle of burden of proof time limit and our evidence disclosed in the status quo, Time Limit of Evidence perfect abide in our civil procedure The principle of the idea. Chapter of several legal forms of evidence and the relevant rules, analysis of the cause of the best evidence rule that: in our civil action, it should be given a copy of the documentary evidence, a copy of an excerpt of the full evidence of eligibility; analysis of the provisions of the Civil Procedure Law of the statements by the parties that: the parties' statements are not evidence constitute factual claims; analysis of the trends in the development of the hearsay rule to the direction of the relaxation of the restrictions to the evidence of qualifications in the use of the Common Law that: China testimony made by the non-appearance of a witness in the civil action should be given full evidence of eligibility, and should be classified as documentary evidence; different and foreign countries on the identification of the different legislative requirements and our expert conclusions errors caused by the positioning serious drawbacks that: the expert conclusions should not be positioned at the Court finds that the facts of the case supporting information, and should be positioned in the evidence; analysis of the characteristics of the inquest as a method of investigation of evidence that: the records of inquests should be classified as documentary evidence.

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