A Study on the Rule of Evidence of Civil Actions in China

• Main Authors: Min-li Kao, 高敏俐
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/81908260303556001592

碩士 === 東吳大學 === 法律學系 === 98 === System of civil evidence is virtually the kernel of the system of civil procedure. In the course of civil proceedings, actually all involved litigation activities are mainly comprised of evidence collection and utilization thereof. Thus, with an increasing number of current cross-strait civil disputes and litigations, it is necessary to understand and investigate the People’s Republic of China(PRC) civil evidence system. This thesis is presented based on comparison, generation and analysis of literature and cases in PRC and foreign countries at all times. This thesis consists of the following seven chapters: Chapter 1 – Introduction, Chapter 2 – Development of Civil Evidence System, Chapter 3 - Basic Principle of Civil Procedure Law, Chapter 4 – Definition of Civil Evidence, Chapter 5 – Classification and Formation of Civil Evidence, Chapter 6 – A Survey of the Norm and Operation of “Burden of Proof” in Litigation Proceedings and Chapter 7 – Conclusion. This thesis offers a systematic organization and introduction of the history and style of the PRC civil evidence rule, and is devoted to analyze the existing issues arising from the theory of the PRC evidence system. Further, this thesis proposes suggestions on basic issues including selection of the legislative model, the directions to build basic systems and the formation of evidence rule regarding PRC’s developing road to a civil evidence statute. Furthermore, this thesis not only surveys the practical operations of the burden of proof in the PRC litigation proceedings, but also compares such practical operations with the allocation of burden of proof of Taiwan. A comprehensive conclusion and suggestions are summarized in the end. I sincerely provide my study results in this text for reference to academic research and actual operation in court.