Research On Application Of Evidence Ability Rule In Civil Action

Evidence capability is the minimum requirement for non-litigation evidence materials to become litigation evidence by legislation,and is the embodiment of essential characteristics of litigation evidence.The establishment of evidence capacity rules helps to efficiently and flexibly restrain the judicial proof process,realize the accuracy and reliability of fact determination,and promote the realization of the same judgment in the same case.The study of evidence competence rules in China’s legislation and doctrine is mainly to study the relationship between evidence competence and evidence attributes.It lacks the specific connotation of evidence competence rules and the classification and refinement of evidence competence rules.Insufficient attention has been paid to the use of Chinese norms.Through the literature retrieval and legal article retrieval methods,we have discovered the current status of the academic research on the application of China’s civil litigation evidence ability rules.We explored the connotation and specific content of civil litigation evidence ability rules,and closely connected with judicial practice,combining textual research with precedent practice to understand China The legislative situation of the evidence capacity rules of civil litigation,as well as the cases on the Judicial Documents Network,Non-litigation Network and other precedent platforms,combined with the Supreme Court’s guidance cases and bulletin cases to observe the specific situation in judicial practice,and apply the evidence capacity rules within and outside the region Based on the research,explore how our country’s civil litigation evidence capacity rules system should be established and how our civil litigation evidence capacity rules apply in judicial practice.The article conducts research from the following four aspects.The first is an overview of the rules of evidence capacity in civil litigation,starting with the connotation,main content,and value considerations of the rules of evidence capacity in civil litigation,and laying a theoretical foundation for the application of evidence rules in judicial practice.The second is to analyze the current status of our country’s evidence capacity rules in civil litigation,and write them from the legislative and judicial status,in order to understand the application of evidence capacity rules in judicial practice.The third is to analyze the problems in China’s civil litigation evidence capacity rules from four aspects:the arbitrary judgment of the applicable subject,the vague application standards,the inaccurate application reasons,and the lack of standardized application procedures.From the lack of certain systems and procedures,China’s " The influence of the concept of "emphasis on entity,less on procedure" and lack of systematic regulations analyze the reasons,and then propose specific improvement measures,including the following four aspects:standardizing the discretion of judges,formulating perfect applicable standards,and establishing systematic evidence capabilities The rules system and the applicable procedures and methods for improving the rules of evidence capabilities.