论民事诉讼证据中的证据可采性规则——以美国法为中心.pdf

Abstract Evidence is the core content of the civil procedure. In the various kinds of evidence, the testimony is an important form of evidence. In common law, the authenticity of testimony is controlled by the rule of admissibility, for the object of justice in dispute settlement. In China, the rule of admissibility is imperfect, as a result, judges own excessive discretion in evidence choosing. For resolving the problem, by researching the rule of admissibility in common law, this article gives some advice for consummate the admissibility in China. This article includes 4 chapters : the basic problem of admissibility in common law, the problems of admissibility of civil evidence in American statute, the necessity of establishing the rule of admissibility in China, the rule of admissibility and the reform of civil procedure in China. Chapter one: the basic problem of admissibility in common law. By researching, the extension and meaning of the related concepts are ascertained, and the value of evidence category is defined; the extension of the concept of admissibility is clarified, and the conclusion which the content of admissibility concludes hearsay and opinion only is draw; definitions, rules and exceptions of admissibility are clarified; and the institutional environment of admissibility is researched. The statutization movement of evidence in American and the special position of the Federal Rule of Evidence is reviewed and introduced in Chapter two. In this chapter, the related statutes of admissibility are researched. In chapter three: the necessity and feasibility of the establishment of the rule of admissibility in China. In this chapter, discussing the actuality of the civil procedure law and the evidence law in Ch