證明權(quán)芻論——以民事訴訟為例.pdf

1、南京師范大學(xué)碩士學(xué)位論文證明權(quán)芻論——以民事訴訟為例姓名：呂正洲申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：法學(xué)；訴訟法學(xué)指導(dǎo)教師：李浩2009-05-11Abstract II Abstract Prove that the right parties in the lawsuit are activities enjoyed by an important procedural rights, in terms of models, the judge

2、 almost swept all the evidence to prove the importance of the right has not yet been highlighted. After years of civil justice reform, China's civil litigation system is fundamentally marxist party have been translat

3、ed into action mode. Litigation in the parties and the parties bear the burden of proof, to enjoy the right to prove and assume the resulting outcome of the proceedings, but China's current civil litigation system is

4、 the importance of party's burden of proof on the parties enjoyed the protection of the right to prove particularly insufficient to prove the right of the parties to strengthen the research and the protection is part

5、icularly urgent and important. In this paper, to prove the concept and nature of the right to start with, on the significance of the protection of the right to prove that the content of the right, our current system in t

6、he proof of the right to security problems, while drawing on the proven security of tenure of foreign advanced experience, improve our prove that the right system to make some immature thinking. In this paper, the main c

7、hapter on the concept of the right to prove that the right of the nature of the research and the protection of the right to prove the significance of; second chapter analyzes the content of the right to prove. Section I

8、of the right to collect evidence on China's law regarding the collection of evidence analyzed at the same time on the civil law and common law advanced a comparative analysis of legislation; Section II describes the

9、right to present evidence on China's the relevant legal analysis, focused on the evidence of lost rights system and to present evidence of the relationship between rights; Section III on the right to the use of evide

10、nce, focused on the interpretation and application of evidence right out of the relationship; Section IV deals with the disposition of evidence rights, focused on themselves and dispose of evidence of the relationship; t

11、he third chapter of our existing system to prove the existence of the right to issue an analysis of the current system of China's major objective evidence of the existence of the parties lack of capacity, lack of evi

12、dence means; parties subjective burden capacity uneven, the trial judge too negative neutrality; low attendance and testimony of witnesses, witness system is imperfect; lack of protection of the clients the right to prov