Research On Judicial Notice System Of Civil Procedure

With the advancement of China’s legal society,people tend to settle disputes through litigation process.There are increasing numbers of lawsuits in the courts,and the trail time id getting longer.In order to promote the speed of trial,and to ensure the consistency of the trial results for similar cases,the judicial notice system emerged in China.The judicial notice system in Anglo-American law system countries is more comprehensive.In contrast,the concept of judicial notice in China was not written in the law.But some scholars and practitioners interpreted the “Article 93,Supreme People’s Court’s Judicial interpretation of civil procedure law” in 2015 as a system of judicial notice.Most countries stipulate that judicial notice is based on the Evidence Law.However,judicial notice is different from other evidences,which can make the process of litigation proof simple and convenient,and it can also influence the division of the parties’ proof of responsibility.The judicial notice has its own unique characteristics: the subject is specific and the object is special.Due to the current legislation on the regulation of the system is too general and lack of maneuverability,the system has not been widely applied in actual trials.Even if it is applied,there will be many problems,which will greatly weaken the role of judicial notice system.Therefore,it is necessary to perfect the judicial notice system in our current legislation.This article,starting with the definition of judicial notice given by Yan Chaoxiu and considering China’s specific national conditions,analyzed the the basic theories of judicial notice system,which affirmed the value of judicial notice system,and specified the significance of the judicial notice system in China’s judicial practice.This article,referring to the provisions of the Anglo-American Legal System and the civil law system on the judicial notice system,combines the problems existing in the practical application of the judicial notice system in China,putting forward suggestions from judicial notice range,judging standards,notice effect,judicial notice procedure,relief approach and supervision mechanism.I hope that this article can provide inspiration to the improvement of China’s judicial notice system,so that it can fully play its role and be more adapted to the needs of social development and judicial practice.