国际商事仲裁证据规则若干问题研究-国际法学专业论文.docxVIP

1 1 2 2 Abstract In the international civil action lawsuit is evidence, this sentence in the international commercial arbitration applies equally. The rules of evidence in international commercial arbitration is one of the important theoretical questions, is judge to find the facts of the case to make a fair ruling means, also matter to arbitration with fairness and efficiency of the modern commercial arbitration rules of evidence and basic requirements. Firstly，the article introduces the two main legal systems of rules of evidence definition, is presented in this paper for the rules of evidence in the connotation of view. And then focuses on the rules of evidence in the introduction, including the basic principles and value orientation. Rules of evidence are also related to the legal application issues, are discussed in theory, using the example of way of illustration, the combination of theory and practice, the paper discusses the legal application issues in theory and practice, the current international commercial arbitration in the rules of evidence applicable on the overall development trend. Secondly, combined with Chinas arbitration practice, analysis of Chinas foreign-related arbitration rules of evidence rules and practice situation, find the relevant provisions of China does not conform to the rules of evidence in international commercial arbitration is the general trend. And the rules of evidence in civil litigation of our country is compared, found the foreign arbitration rules of evidence in the unique, finally proposed our country foreign arbitration rules of evidence should not follow the procedure rules of evidence of the relevant provisions, and should have its own unique system, in the international commercial arbitration, construct fair efficiency with arbitration benefit maximum the proof of the process. This article is divided into four chapters, the first chapter using comparative research and literature analysis method to analyze the inter