Research on Evidence Conflict Law: The Library of the Middle-aged and Young Philosophy and Social Sciences Talent Cultivation Project in Liaoning Province

Author: Qu Guangqing
Publisher:
Publish Date: 2004-12-01
Features: This book conducts a systematic and comprehensive study of evidence issues from the perspective of conflict of laws. It not only systematically discusses the conditions, formation, and application of evidence conflict norms, but also delves into the status of evidence-taking in international litigation, evidence-taking in international arbitration, the efforts and achievements of the international community in evidence-taking issues, evidence-taking in private international law among regions, issues related to evidence-taking in international judicial assistance, and the provisions on evidence-taking in China's private international law (draft). Additionally, it provides detailed discussions on practical issues such as the presumption of burden of proof, recognition and admission, evidence preservation and preliminary evidence, as well as preliminary evidence in China's civil litigation in foreign-related matters.
The author also combines practical Chinese conditions to research and explore many evidence conflict of law issues using new materials, proposing their own viewpoints and refining the theoretical system of conflict of laws. It is particularly encouraging that this book also possesses the following characteristics:
First, the book presents original and well-supported arguments. By breaking through the field of evidence conflict of laws, it proposes a discipline system for evidence conflict of laws through systematic comparative research. This holds significant theoretical implications for improving the theory of evidence conflict norms in private international law and the reshaping of conflict norms. The book also incorporates domestic legal conflicts into the framework of conflict of laws, drawing on international principles for resolving legal conflicts to provide effective solutions for similar issues in China.
Second, the book is rich in content and written in a fluent style. It delves into the core issues of conflict of laws, particularly how foreign law is applied, and proposes concepts such as evidence conflict of laws and unified substantive law of evidence, thereby refining the theory of conflict of laws. Especially noteworthy is the book's ability to explain complex evidence conflict of law issues in an accessible manner, making it easier for general readers to understand.
Third, the book offers thorough analysis and strong practicality. It provides in-depth analysis of legal application issues related to evidence conflict of laws, proposes methods for optimizing evidence systems in international civil litigation, and envisions the integration and unification of evidence systems worldwide. This represents a valuable exploration in the comprehensive construction of a unified evidence legal application system.
Due to the important role of evidence conflict issues in procedural law, the content of this book is highly beneficial for judicial workers and demonstrates strong practicality. This is also an effort made by the author to address practical judicial issues and contribute to the revitalization of old industrial bases in regions such as Northeast China.