Dissertation
Dissertation > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system

Reflections caused by the new evidence

Author MengTianShu
Tutor ShaoJun
School East China University of Political Science
Course Procedural Law
Keywords Entity Program New evidence
CLC D915.13
Type Master's thesis
Year 2011
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Of this study is the first trial, second trial, retrial of new evidence for this purpose is the subject of research for our new evidence in litigation advice and suggestions for further use. This idea is in line with the writing of what, why, how to do this logic sequence reads. In this paper, the content of the first of the new evidence for a basic definition; then the admission of new evidence on the cause, which is why there is new evidence, made the theoretical aspects of the analysis and the empirical data and case analysis; followed for the UK , Germany and Japan on the admission of new evidence summarized his views; sight after this and then put our country, for our country's new evidence in the legal provisions of the two dimensions of the comb, after the problems in our country be explained problems with the law principled flexibility and real life conflicts between legal provisions and judicial interpretations effective level before and after the introduction of the contradiction between the implementation of the proposals is square, made time to raise the question means, Review other side of the standard of review for the interpretation put forward after the author his own views. The author of the new proposals including the first evidence is the legislative branch of expectations, mainly want to arrange a dedicated staff in the Legislative organs of speech explaining the problem to explain; second author's proposal is in respect of the procedural rights of the parties to strengthen, pay more attention to the parties the right to prove, and learn of the court discovery system to further extend the evidence of their own justice program and this program notary relations with the Court, the advantages of the system as well as specific settings for a detailed description; Third The author of the new proposals also include evidence of the court, the first is to strengthen the concept of procedural justice court, followed by the new evidence should examine new evidence put forward in time, content, relevance, probative force of the evidence documents the production process Description of the problem, the judge's Interpretation Obligation to pay attention to other aspects of the hope that through this a number of supporting systems to improve and strengthen the rational use of new evidence escort. The central idea of ??this paper is that in China has been a big emphasis on substantive justice environment, increase the penalties for the pursuit of procedural justice, justice and procedural justice in the entity can not be reconciled when the final choice is substantive justice rather than procedural justice. Court is a unified entity justice and procedural justice places emphasis on how the entity justice but also to procedural justice on the agenda is the author would like to focus on the design. This method of writing including contrast, references, data analysis, case studies and more. The paper concludes that the entity among justice and procedural justice, the author chose procedural justice.

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