Analysis of Reinforcement of Civil Evidence

鼎程教育研究_高等教育」Analysis of Reinforcement of Civil EvidenceSun Xiaoyue(Qingdao University山东 青岛266061) .[Abstract ]Corroborative evidence is the basis for ascertaining and corroboration rules are proof the rules, plays a corroborative prooffunction and limiting the discretion of judges. Full study of corroborative evidence in civil procedure rules to use, helps to perfect evidencerules of civil procedure and civil systems.[Key words]Reinforcing the rules of evidence ; Civil ; rules apply[中图分类号]D925.1[文献标识码]B[文章编号12095- -3089(2015)7- 0007-010“Reinforcing evidence", means to enhance proof or guarantee1. Corroborative evidence are the basis for decidingthe main force of the evidence, not the main evidence is evidenceEvidence of probative force to explore the issue, the evidenceindependently as necessary; namely in the main evidence of should be qualified on the basis of evidence, only qualified evidence,evidence, nor shall not, and no direct evidence, and including the judge can be adopted for use as evidence in order to play theindirect evidence. Reinforcing evidence rule is“to prevent the role of evidence to prove proper.mistakes of the case facts, clearly for some strong weak evidence,2. The rules of evidence is probative force reinforcement rulerequires other evidence to confirm that can be invoked as the finalRules of evidence has probative force rules and rules ofresult according to the rules of". Reinforcing evidence rules from evidence, proof rules can be divided into proof negative rules, suchthe criminal litigation, mainly for the defendant confession evidence as rules, reduced probative value proof reinforcement rules, rules ofsuch as the use of words. Now reinforcing the use of evidence rule proof presumption of precedence rules and probative force.is no longer confined to the field of criminal litigation, judicialII.The concrete application of the rule of corroborationinterpretation by the supreme people's court, reinforcing evidenceTo use corroborative evidence in the civil action responsibilityrule has begun to enter the field of civil action, but at present our requires three steps: First, a probative evidence of qualification needscountry the study of reinforcing rules also is not very profound, foreinforcement, that is, whether its probative value is weaker, and thereinforcing rules include the basic content of understanding anproof leads to fail to prove the facts of the case. Second, thechaos. Such confusion in reinforcing the positioning of the evidencecorroborative evidence submitted by the parties is enough to meetrules， reinforcing evidence objects， reinforcing evidence is ththe legal requirements, that is, whether there is three, the proofstrength of the team, range， review several aspects. T herefore,might not be enough; the third, deductive reasoning, in the judge sreinforcing evidence rule in the civil lawsuit research blank andsure sense of positive or negative.there are a lot of difficulty.(I)Correctly identify the primary evidenceI. The functions and properties of the corroboration ruleApplying the rules first condition is to have an object, reinforcing(I)Corroboration rules featuresthe rules of evidence applicable object is insufficient strength of the1.Reinforcing the main proof, restoring the real circumstancesevidence, and therefore requires first determine the primary evidence.of the casePrimary evidence should have evidence first, as a basis for decision, soAs with the other evidence, if it has evidence to attribute the“reinforcing rules relate only to the probative value of the evidence .required relevance, authenticity and legitimacy cannot be confirmed.and no evidence". If there is no evidence there is no evidence as a basisAfter cross-. examination, attestation, after verified, the juds. decidedfor decision then theexclusionaryfor decision, then the exclusionary rule should be used, for example,to accept, corroborative evidence would become civil procedure, the best evidence rule, the exclusionary rule.can be used as a basis for ascertaining a fact.(I)the legal reasoning, the formation of moralEvidence of the presence and size of the force being judged byThe basic function of the law of evidence is to ensure that a free heart judge by judge just how much infuence and experience.judicial oficers and accurate facts of the case, the primary function is Free heart contains two meanings: evaluating evidence way free andto ensure that the rules of evidence to identify the case facts. judge the facts of the case the formation of heart confrmed the facts.Evidence rule in the law of evidence mandates is to provide the From the perspective of nature, in the law of civil law countries ofjudge found evidence standards of conduct limit the arbitrary “*moral” is expressed by the facts that should reach the level ofdiscretion of judges, to ensure maximum effectiveness evidence able awareness, awareness reaches the standard of proof. Therefore, freeto enter the judge's view, helping to discover the true circumstances heart is hosting a free evaluation of the probative value.of a case.Corroboration is enough, relies on judges to master between(I)The nature of the corroboration rulesevidence and corroborative evidence implicated degree of awareness.Rules of corroboration, there are for two kinds of evidence in Through the integrated authentication method, judges examineinteractions. Is enhancement or guarantee the probative force of the evidence and corroboration of these two contact ratio and theevidence，you can call the main evidence or evidence; other evidence object inference a reasonable degree of primary evidence.enhancement or guarantee the main proof of evidence that is Utimately to evaluate whether the probative value of the evidencecorroborative evidence. Both are corresponding to each other.had been reinforced.[3]林健:《“卓越工程师教育培养计划”专业培养方案再研究》,《高[8]林健:《校企全程合作培养 卓越工程师》,《高等工程教育研究)2012[4]林健:《面向“卓越工程师”培养的课程体系和教学内容改革》,等工程教育研究》2011年第4期。(9)林健:《注重卓越工程教育本质创新工程人才培养模式》,《中国年第3期《高等工程教育研究》2011年第5期。高等教育》2011年第6期。5]林健:《工程师的分类与工程人才培养》,《清华大学教育研究》2010 [10]林健:《卓越 工程师创新能力的培养》,《高等工程教育研究》2012年第1期。年第5期。[6林健:《卓越工程师培养的质量保障》,《高等工程教育研究》2013作者简介:李月华(中国煤化工学院教师;从事智能控制、测试技三制等方面的研[7]林健:《高校“卓越工程师教育培养计划”实施进展评析(2010~究MYHCNM HG2012)(下)》,《高等工程教育研究)2013年第5期。2015年第7期新教师教学7