Tuesday, November 29, 2011

QQ Twitter first overhaul records of civil procedure or evidence

Litigation method intends first "overhaul" QQ micro-Bo records or into is Church card for according to qianjiang evening reported since 1991 enacted yilai, so far has "20 aged" has. during, only 2007 for had a times amendment, then only on trial supervision program, and implementation program, problem for has does not to 20 Department changes, and whole Department legal near 270 section of length than up, only is once local modify. now, people litigation method finally ushered in has once overhaul--people litigation method amendment (draft) currently is open sought public opinion.  It is understood that each year to receive 1000duowanjian cases, criminal cases are only about 1 million, others are mostly civil cases, therefore, the civil law aroused great concern. Less than $ 5,000 small claims "Court of first instance" wrong with clear subject amount below $ 5,000 can be applied to cases of small claims procedures, and implementation of the Court of first instance. This is the current civil procedure law
Overhaul of one of the.  Loutao of Zhejiang Provincial Association of lawyers, lawyers said if the court hearing of a $ 5,000 cases, but the investment of financial and material resources, manpower is $ 10,000, it's causing a waste of judicial resources, so this amendment is justified. "However, there are still inadequacies."  Property lawyer explains: If someone has wronged you borrowed $ 5,000 is not and was wrong, and you can no Juicy Couture Replica Handbags longer continue to appeal for themselves claim is an idea of the second instance, there will be a loss of judicial fairness.  Hangzhou City the authority Deputy Director Wang Quanming lawyers Juicy Couture Replica Handbags Bar Association think that while it is possible to save resources, but denied the party's right of appeal, recommended in the second trial the Court of final appeal. QQ chat, microblogging Juicy Couture Replica Handbags personal [private] letter refer to the evidence if you QQ chat window on a Netizen said: "the $ 20,000 you lent me the money, I return within 1 month." So, in case of dispute, this Juicy Couture Replica Handbags sentence can be used as court evidence.
 "Electronic evidence has been used in reality."  Loutao according to counsel, the amended has been added to this type of evidence, is universally Juicy Couture Replica Handbags recognized by the lawyers.  It's like foot son-in-law to get marriage certificates, are famous.  Entering an era of networks, Internet retained large volumes of electronic data such Juicy Couture Replica Handbags as email, Web transactions. many people at the time of litigation in his hand, hold the relevant electronic data. at present, the law does not separate "electronic data" this evidence class. Litigation document you can send an e-mail, introduced draft civil procedure law and the other one but also show the new role of the Internet in the litigation process: "agreed by the parties, the people's courts, such as fax, e-mail can be used to confirm that the addressee received your way served instruments." This means that email leaving their fixed in the Court, the Court under the condition of the consent of the parties to the litigation document as an e-mail message to you

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