我國民事證據(jù)制度的價值分析——以司法證明為中心.pdf

1、湘潭大學(xué)碩士學(xué)位論文我國民事證據(jù)制度的價值分析——以司法證明為中心姓名：熊英灼申請學(xué)位級別：碩士專業(yè)：訴訟法指導(dǎo)教師：廖永安20070506II ABSTRACT The science of evidence act is a Discipline to study the process of discovering, collecting evidence and using evidence,

2、 according to the law, to find the truth in cases. The judicial proof is the core procedure of civil proceedings, and also the core of evidence law system .Eventually, judicial proof is the

3、 process of rethinking and tracing “ the truth” . The science of evidence act has germane relationship with the discussion of “ the truth” . In the course of litigation, the judicia l proof acti

4、on of finding out the facts is not only an action of cognizing, but also an action of value choice. Therefore, to discuss “ the truth”itself only is not enough to resolve the problems comple

5、tely in the science of evidence act, and it’ s necessary to introduce value judgment into the discussion of the basic theories of the science of evidence act. Judicial proof action as the pr

6、oceedings core areas, and as the process of the evidence utilization is often strongly reflected on the axiology of requirements : Evidence themselves with the characteristic of utilitarian and

7、 application had decided that using evidence of all parties will have to reflect the relative value orientation of litigation as the original motivation to advance the evidence behaviour; Moreove

8、r the process of the evidence utilization has inevitably interrelated with the public evaluation criteria to demonstrating the intrinsic of good- versus- evil and balance in the utilize of evidenc

9、e behaviour . From the characteristics of judicial proof, this paper discusses the essential of value choice in the process of judicial proof; the author made a deep analysis of the relations

10、 between the pluralistic aim of civil evidence and the varieties of value choice, and made comprehensive exploratio n of the value balance and value choice in the course of judicial proof. Co

11、nsidered that freedom, order, justice, efficiency and stability are the fundamental values goals of legal system of civil evidence. Meanwhile the value of options ought to be followed the princ

12、iples of the unification of regularity and purposefulness, the unification of public interest and personal interest , the unification of giving attention to two or more things and giving prominenc

13、e to the key points ,and the unification of preferential and expense. Marxist axiology as one of the theoretical foundations concerning system of litigation evidence, We think that should be able to h

14、ave guiding significance to evidence legislation, On the other hand there ought to be provide a reasonable explanation for rules of evidence which already existed, that is to say, under the le