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The Study Of Order For Producing Documents System

Posted on:2019-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:J J XiaFull Text:PDF
GTID:2416330590956416Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The basis of the system of the order for producing documents system is the duty of producing documents.While due to the changes in the form and scope of obligations,the system has diversified development in different countries.The particularity of this system in the development of our country lies in the obligation of the document to be precipitated from the evidence of generalization.Observe the system applied in the judicial practice in our country,compare the evidence put forward obligation is applicable in the field of documentary evidence,occasional out clerical errors in the obligation to apply and is not standard,a lot of evidence abuse compulsory phenomenon is put forward.With other countries or regions gradually widen the channel of the collection of evidence of the reform,the evidence collection system reform in our country is focused on collect evidence from the authority of socialist ideas to make the transition to the socialist system of evidence collection.In other words,the purpose of the reform of the collection of evidence in our country is to transfer the dominant right from the judges to the parties.Integrated system of our country's building background,the civil law countries and areas of reform of the system background and the application of the instrument in our country puts forward obligations have been rendered,in terms of compulsory object,China should from the generalized model to limit the obligations mode conversion.This paper aims to document put forward command system of civil litigation theory,form,structure,in practice,the improvement of the system of documents in order to provide reference.The first part has been clear about the document puts forward position in the command system in civil lawsuit,and emphatically discusses the obligations put forward "document under what horizon is reasonable" and "document what is put forward,the gist of the obligation" these two problems.The second part aims to various structural form of command system are put forward on the document parsing,on the basis of discussion on the basis of the lawsuit legal system of each form,analysis of the development path of countries in the world,in order to reveal the pros and cons of each system structure and the institutional environment.The third part analyzes the word command system related legislation and the suitable situation in our country,and analyses the "interpretation of the civil procedure law" the 112 th and the relationship between the "evidence rules" the 75 th,the conflict and the suitable in judicial practice.The fourth part of the research results in the first three parts,supplemented by the development background of our country's system,the paper proposes how to develop the command system.
Keywords/Search Tags:Order for Producing Documents System, Duty of producing documents, Evidence collection, Burden of proof
PDF Full Text Request
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