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Old 08-31-2011, 09:35 AM   #1
v7312937
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Default tory burch outlet China's state system of civil pa

China's state system of civil parties

foreign Law PekingUniversity Law Journal
Vo.l 21, No. 2pp. 236-245
our civil parties presented
system of the , claims, and the main subject of litigation
sheets or statements. Direct purpose of civil litigation that is true to facts of the case, provide for the facts of the court ruling
basis. Therefore, from the perspective of civil litigation that the parties to examine the statement refers to the idea of ​​the parties to the facts of the case or
Chen stated that the narrow party statements.
China's mainly reflected in: the fact that self-interest of the parties claim that the facts alleged facts and evidence needed to prove, unless the other party to the proceedings of admission; in the proceedings, the parties are not self-serving main
Zhang fact, constitute litigation on the admission of the facts to avoid the alleged facts without evidence.
These two parties' statements as evidence, is clearly unreasonable. Can be used as evidence statements by the parties, mainly refers to: the parties v.
consider themselves outside of First Instance that the parties in the litigation as to the facts admission; judge asked the parties, that the parties by the judge questioned the statement or claim
fact.
for all of our current system of party representation, state system of Thus, the basic structure of this paper is to first discuss the parties as a statement of facts to be proved, then explain the facts as
party free card statements, and finally from the perspective of comparative law and legal use of the relevant parties to analyze the statements as evidence .
· 236 ·
* China People University School of Law associate professor. First, the accordance with legal procedures required to address the following key issues:
subject matter of litigation and claims are legitimate; physical facts are true; evidence has evidence to prove competence and evidence
size of the force. Entities to support or disprove the fact that the subject of litigation and claims, the evidence is used to permit
that fact and falsification entity.
in a civil action,ghd planchas, on the physical facts and evidence, the existence of debate on the doctrine and authority of the other Discovery
doctrine. Discovery with the terms of debate on the doctrine of Marxism to solve the problem is: in the courts and between the parties of the
how to gather the facts and reasonable sharing of the burden of proof. Debate on the doctrine applies to civil cases, private interest, and the main terms of reference Discovery
public justice to civil cases.
parties argued that the responsibility and burden of proof in civil litigation
program, based on their legitimate rights and interests. Attack methods, including the plaintiff in support of its claim and argue that the facts and the facts to prove
to provide evidence; defenses include the defendant to the plaintiff claims to advocate the overthrow of the facts and to prove that the facts provided
evidence.
debate doctrine refers to the facts and claims to provide evidence of competence or responsibility of the parties. [1] from right or power perspective
said that the debate reflects the doctrine as a decision on the basis of the parties to the litigation of information action. At the same time, the court can only
claims of the parties to provide evidence of the facts and make a decision. So, legal turn ideas as facts and evidence given to the parties
responsibility, that the parties claim responsibility and the burden of proof.
so-called claim responsibility, is the party responsible for claims made or the fact that self-interest, whether
then take the consequences of losing.
responsibility is to make the plaintiff's claim or claim the right to generate fact, if there is no such claim made or the fact that its claim is not
court recognized. The fact is that the plaintiffs have the right to support his claim of self-interest
the fact that civil rights have led to the fact. The right to have facts include: generation of civil rights laws do real
fact, such as legal successor, signed the contract; production
students the right to dispute the fact that civil remedies, such as the fact of infringement,mbt shoes ireland, breach of the facts. These two facts, the former is the basis and premise, without which no appeal of interests
also can not request legal assistance.
claim responsibility for the plaintiff to perform after the defendant has put forward a defense or claim responsibility for the fact that, if the defendant did not propose or advocate
such facts may be lost. The fact that the defendant's defense, including the right to destroy the facts, rights and negates the fact that the right to prevent the facts, is
overthrow the plaintiff claims the defendants used the fact that self-interest. Right to eliminate the fact that elimination of existing civil rights. Rosen
rights negates the fact that Baker, Schwab, Gott Wald: Etc.) obstructing the exercise of certain civil rights. The fact that the right to prevent a civil rights
prevent the occurrence. Defense for the defendant, the plaintiff may also be a defense, so go back and forth, such as defendant to eliminate the limitation of the defense, the plaintiff can ask the eradication of aging
break defense.
debate of litigation, the plaintiff claims, and claims to be the burden of responsibility, along with the burden of proof, which provides evidence that self-interest
facts; defendant claims self-interest is the fact that the plaintiff's lawsuit to overturn your
request, followed by the defense to provide evidence of the facts. Therefore, the debate of litigation, the parties argued that the responsibility and behavior that are responsible for any debate on the doctrine
meaning and responsibility of the party's claim is consistent with the burden of proof, such as the burden of proof standard specification usually claim responsibility. However, the two there are a few inconsistencies, such as the presumption of things
consider themselves real and the fact that such proceedings, although not as a burden of proof applicable to the object, but the fact that the responsibility of the parties to such claim or
exist. (2) the allocation of the burden of proof
general rule is, [3],tory burch outlet, In civil proceedings, usually, either the plaintiff or the defendant, the fact of their own self-interest advocates should bear evidence
that responsibility. Shen words, according to legal norms elements of classification that, for the right to generate fact,tory burch outlet, if the defendant denied the plaintiff should bear
proof; in the proceedings if the defendant admitted the plaintiff need not prove that law
TAG label: statement that the parties consider themselves civil action of our system analysis point of view

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