Dissertation > Political, legal > Legal > Chinese law > Procedural Law

Study on Evidence System in Ancient China and Its Motivation

Author ZuWei
Tutor HuoCunFu
School Jilin University
Course Legal Theory
Keywords The tradition of the law of evidence Rules of Evidence Justifications for resignation first The coupon card ' justifications
CLC D925
Type PhD thesis
Year 2009
Downloads 670
Quotes 4
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The evidence was referred to as \Less than realized. Litigation system of both the judicial practice of the ancient or modern judicial practice , and even litigation theory , either civil law or common-law system , with its center in the evidence. Humans solve their own conflicts and disputes, the process must first ascertaining the facts , and to ascertaining the facts , they have to , and use of evidence , and to comply with certain rules of evidence , thus forming a resolve various contradictions , disputes system and methods. I believe that , off punishment in the ancient Chinese judicial practice , judicial officials cycles of questioning prison , to resolve disputes , with modern judge to hear the case to resolve the dispute is essentially no different , that must be well-founded , according to the evidence to settle a lawsuit , even comply with certain rules. This article attempts to enter the Chinese ancient judicial officials judicial practice of the field domain , relying on China's ancient precedents sentenced slips and other literature data , and explore the Chinese ancient judicial officials settle a lawsuit evidence made ??and adopted the letter , of different nature and type of cases in the application of the same evidence rules of In the same time , and how the difference exists . Criminal rules of evidence and confessions ' rationale is that judicial officials on behalf of the national interest , our national interference stance , as the crime is the great evil , \Civil rules of evidence \Be summarized and the rules of evidence in the ancient Chinese judicial practice in-depth study , profound traditional evidence law cultural heritage .

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