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This book absorbs the experience and wisdom of the application of evidence in judicial practice, explains the principles of evidence law with the help of Chinese and foreign classic evidence cases, and interprets the evidence system and rules of interpretation of evidence. In the arrangement of style, this book adopts the heuristic paradigm of linking cases and questions, which can improve students awareness of evidence issues. In the selection of typical evidence cases, this book highlights the application skills of evidence rules through controversial cases. In the explanation of the rules of evidence, this book can improve students ethical thinking of using evidence to identify facts with the help of fresh and meaningful classic cases. This book also takes into account the characteristics of the evidence rules of administrative law enforcement, arbitration and discipline inspection and supervision, and interprets the common issues of evidence from the basic knowledge, basic principles and basic systems of evidence law. On the basis of following the rules of evidence law, this book maintains the practical discipline characteristics of both substantive and procedural norms of evidence law and achieves the goal of solving practical cases by using evidence rules. This book can be used as a textbook for undergraduate students to study evidence law and as a reference for law enforcement and judicial authorities to apply evidence rules to determine the facts of cases
Sommario
1. Overview of Evidence Jurisprudence.- 2. The Historical Evolution of Foreign Evidence System.- 3. The Historical Evolution of China's Evidence System .- 4. The Theoretical Basis of Evidence Law.- 5. Overview of Evidence.- 6. Types of Evidence.- 7. Classification of Evidence.- 8. Rules of Evidence.- 9. Overview of Proof.- 10. Object of Proof.- 11. Burden of Proof.- 12. Standard of Proof.- 13. Evidence Application Principle.- 14. Evidence Collection and Preservation.- 15. Evidence Application Procedure.- 16. Evidence Examination and Judgment.- 17. Fact Determination Method of the Case.- 18. Presumption Rule.- 19. Judicial Cognition.
Info autore
Hua Guo is a professor and doctoral supervisor of the Law School of Central University of Finance and Economics and a post-doctoral supervisor of finance. He is a doctor of law and a post-doctor of law. He also serves as the vice president of the Beijing Institute of Financial Risk Management, the executive director of the China Society of Criminal Procedure Law, the director of the Institute for the Prevention of Financial and Securities Crime of the Central University of Finance and Economics, and an expert in the expert pool of the Ministry of Justice, the Ministry of Ecological Environment, and the Ministry of Science and Technology. He has published more than 130 papers in legal journals such as China Law, Legal Research and so on. He has published 11 personal monographs and presided over 14 national and ministerial projects. He once served as the presiding judge of the Second Civil Trial Division of the Intermediate People's Court of Zaozhuang City, Shandong Province. He presided over or participated inthe revision and drafting of many laws and regulations. He has published evidence law textbooks for colleges and universities in Beijing Normal University Press, Law Press, People's Public Security University of China Press, etc. The course Eevidence Law he taught was rated as "high-quality undergraduate courses in Beijing universities" in 2020.