On Perfection Of System Of Examination And Determination Of Civil Evidence

Examination and determination of evidence is the core and key point to form judicial judgment, but it is the most knotty problem for judges. This paper begins with the connotation of examination and determination of civil evidence, systematically studies the part of examination and determination of civil evidence, especially probes into methods of examination and determination of civil evidence and tries to find solutions to problem of civil determination for judges. The first chapter generalizes examination and determination of civil evidence in three aspects: first, connotation and features of examination and determination of civil evidence, mainly elucidating its definition, stages, procedure and features; second, several problems in examination and determination of civil evidence. They are summarized into four points: rigid procedure and partial judgment, defects in evidence's proof force and puzzles in determination of judges, practical demonstrations of inappropriate and wrong determination, problems of application of empirical law in legislation and practice; third, main reasons for these problems are: civil determination is imperfect in system; traditional misguidance of laws has effect of inertia; professional skills of judging personnel are relatively low on the whole. The second chapter elaborates that the first way of perfection is to establish two new determination systems. First,establish determination system before the court opens in order to make sure the beginning time of determination, mainly elucidating its supporting measures, such as to make standards of inducing evidence definite and detailed to eliminate "surprise", to establish law clerk system and to correctly approach the relationship between determination and other sectors in court trial ; second, establish dissent system of examination and determination of defects of civil evidence in legislation, elaborating definition, establishing value, content and legislative thoughts of this system.. The third chapter elaborates that the second way of perfection is to consider modern free evaluation of evidence through inner conviction as...