Perfection of the System of Party Inquiry in China

• 영문명: Perfection of the System of Party Inquiry in China
• 발행기관: 아시아사회과학학회
• 저자명: Zhiling Zhao
• 간행물 정보: 『Journal of Asia Social Science』Vol.10 No.3, 23~36쪽, 전체 14쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

The value of the parties' statements as independent evidence has not been fully utilized because China has not strictly distinguished the parties' statements in the sense of evidence for a long time, and the parties' inquiry system, which serves as the procedural scene for the parties' statements, lacks the rules and restrictions of procedural law, which not favors legislation to strip the parties' statements in the sense of evidence but also the judge's centered decision-making. The system of party inquiry in China has effectively been established by the Supreme People's Court's judicial interpretation, but due to the insufficient rules, there are still numerous issues that need to be resolved. At present, there are still some problems in China's party inquiry system, including unclear starting conditions, unique starting subject and weak probative force of party statements. In order to further discussing the improvement of party inquiry system, this article begins by defining the starting conditions of party inquiry, expanding the starting subject of party inquiry, and clarifying the probative force of party statements.

목차

1. The Empirical Investigation of the Party Inquiry System in China

2. The Realistic Dilemma of China's Party Inquiry System

3. The Perfection of China's Party Inquiry System

4. Conclusion

References

키워드

party inquiry parties’ statements witness testimony evidence status