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On the Object of Judicial Notice

Author: YeZhiHong
Tutor: ChenZuo
School: Wuhan University
Course: Legal
Keywords: Proof Judicial notice target
CLC: D915.1
Type: Master's thesis
Year: 2004
Downloads: 99
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Abstract

The judicial notice, which is also called judicial knowing ,is a kind of method of lawsuit proof which mean while the case is tried judicial confirms the authenticity of some specific items directly and does not need proof of evidence. The judicial notice , as the exceptional rule of burden of proof , is of great importance to improve lawsuit efficiency in practice and save judicial resources. The key which the rule of the judicial notice is applied correctly is the assurance of the target of the judicial notice . The brief introduction to the rule of the judicial notice in this article is mainly located in distinct definition toward the range of the judicial notice ,analysis, classification and evaluation toward the target itself of the judicial notice theoretically and dissection toward its nature as well. At the same time ,this article is to discuss and analyze the existing insufficiency of the target of the judicial notice and the direction of reform at present in our country’s legislation through the introduction to the target of the judicial notice in the foreign law of evidence.Part Ⅰ The summary of the judicial notice . This part has inquired after the essentiality and possibility , and analyzed the theoretical foundation which the rule of the judicial notice comes into being . Meanwhile ,the rule of the judicial notice and the burden of proof ,the adversary doctrine promoted in modern lawsuit are combined together and analyzed, which summarizes the value reflecting existing in the rule of the judicial notice of the modern lawsuit.Part Ⅱ The analysis of scientific principle of the target of the judicial notice and the overview of various countries’ legislation .Objectivity , universality , generally acknowledging ,stability of the target of the notice distinguishs itself from the general target of proof. After making an introduction , comment and analysis toward the rule of relevant judicial notice of other countries and regions ,it is obvious that the rule of the target the judicial notice is ambiguous and insufficient in our country’s legislation .Part Ⅲ The definition of the target of the judicial notice .The target of the judicial notice is divided into two parts. First, the question of fact, in which the understanding of the question of fact in the target of the judicial notice is explicated Second ,legal question., about the cognition of the legal item , although there is not explicit regulation in the law of our country , the cognition of law is compulsory in contrast to judicialpractice .The writer thinks that it is essential and feasible to expand the knowing of foreign law.Part IV The legislative idea of the target of the judicial notice in our country . Scholars and practice circles mostly regard the Item 9 of ’ Evidence Rule of the Civil action ’ as the rule of the judicial notice .However , the legislation in the evidence rule does not distinguish the judicial notice from the other exempt rule distinctly ..So it is necessary to make distinct stipulation toward operational method of the rule of judicial notice ,and make rational definition toward the target of the judicial notice in the evidence law of future .

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