On Indirect Facts

Civil Procedure is the sum of around the right to exist or a series of lawsuits behavior,elements of the fact that the theory it rights occur,change,elimination of the shrunk entity law rights constitute the elements corresponding elements of fact whether they have problems.Either the plaintiff or the defendant in order to favor the main facts favorable judgment must advocate to the court,and make every effort to prove to be true,therefore,the fact that in a civil case has a pivotal role.But the fact can’t be proved true or false,and must resort to evidence or facts to be corroborated.In our civil theorists,scholars has always attached great importance to the study of evidence,and has reached a certain level of theory,the fact especially indirectly that this theory the field rarely scholars cares.At this stage,our papers or books related to indirect facts:Civil trial method-Elements of the facts cited,by xuke;Confrontation and judgment-the basic structure of the Japanese Civil Procedure,by wangyaxin;Civil action debate principle research,by liuxuezai;Elements of the basis of the facts-Civil referee tectonics,by duanwenbo;On the presumption of fact and indirect fact,by shenjing;Presumption of fact:the fact-finding means to overcome,by wangxuemian.Can be seen from the title,these articles or writings only incidentally involved indirectly fact,the theory of the research elements of fact,the debate doctrine,the presumption of fact,a system of indirect facts did not elaborate,the more not dig theory indirectly fact.Therefore,in this article,through the concept of indirect fact,the basic theory and its use in the trial,the author hopes that a more systematic study of indirect facts.The first part,cutting from the point of view of the facts of the case,first two aspects of the traditional theory,and at this stage the theory expounded a division of the main facts and indirectly fact,and to lead divided view of the facts of the case on this basis.From the point of view of existence to prove the main facts,indirect facts and circumstantial evidence is the equivalent of the status of evidence,but both having a significant difference.A better understanding of indirect facts,elaborated by the author in this part of the relationship on the indirect facts and circumstantial evidence.The second part,indirect factual determinations standard indirect facts to determine responsibility and indirect facts in the three aspects of the debate discusses the basic theory of indirect facts.In litigation,indirect facts combined rule of thumb for estimating the main facts,the indirect facts in the status of the minor premise of the syllogism,to make constructive established,necessarily first determined indirectly fact exists,this necessarily involves indirect factual determinations standards and to determine responsibility.The debate doctrine is the foundation of civil litigation,recent academic debate on the scope of the debate prevalent,the ultimate goal of many academic disputes is to debate the doctrine applies to indirect facts,which I advocate responsibility and consider themselves described in this section from their point of view.The third part,any theoretical exposition will eventually return to practice the use of it.In this section,the author focuses on the of indirect facts in the trial practice.Discusses the three aspects of the problem:the first question,from the specific obligations of the parties in a reasonable and timely pre-trial and trial procedures proposed indirectly fact specific.The second one,the main facts identified through case explain in more detail the trial judge should practice how to combine indirect facts and rules of thumb.The third one,indirect facts discussed indirect evidence to the contrary in light of the specific case.