Reflections on the All-in-One Search Machine for Evidence Law (Part I): However, before she came to us, we had called for it a thousand times and urged it a thousand times.
As the saying goes, a lawsuit is evidence. Evidence is the basis for judicial organs to determine the facts of a case, that is, based on facts. To some extent, evidence is even more important than law. However, how to find, collect and sort out evidence and what are the differences between civil, administrative and criminal evidence rules have become the pain points of legal theory and judicial practice, which seems to be omniscient and vague. Zhang Weiping's "All-in-one Search Machine for Evidence Law" just meets the needs of theoretical and practical circles, provides a systematic and package solution for evidence rules, and is an essential tool for law study, preparation and judicial practice.
Reflections on "Search in Evidence Law (Up and Down)" (II): The difficulty of daily proof is that there is no search.
The significance of studying law as a common people lies in not suffering from ignorance of the law. In nine cases, if you encounter legal problems in your life and want to do justice and be fair to yourself, you must face the act of giving evidence. How to prove it? What evidence? Most people don't know. To understand this, you must consult a professional lawyer. Not to mention that an incompetent lawyer will mislead the client, even if a competent lawyer does not pay the lawyer's fee, it is impossible to completely solve the doubts according to the specific situation you described. The advantage of "Evidence Law Retrieval Machine" is that people with general education can understand what kind of evidence should be issued and how to issue it by sincerely exploring the contents of the book and combining their own situation. I have encountered cases where the other party defaulted on wages and the labor arbitration department asked for a certificate of my work there or a certificate of salary payment. There is no habit of taking selfies at work at ordinary times, and salary payment is also a transfer, and there is no salary slip. Is it evidence? The people in the arbitration department saw me embarrassed and refused to say more, insisting that there was no evidence. At that time, out of human feelings, although it was not pursued again, it was inevitable that it was filled with indignation. Don't say I don't know there is a labor dispute mediation and arbitration law. I couldn't find anyone who knew. However, this is the beauty of the all-in-one evidence law. According to civil law, administrative law, criminal law, laws, judicial interpretations, rules and regulations of evidence, and even cases, you can search through the catalogue in one stop. Only through search did I know that there was a labor dispute mediation and arbitration law. I think the next time I meet someone who is in arrears, there is definitely a way to make him admit his mistake. Because through reading, in the section of "Arbitration Evidence" under the category of civil evidence law in the book, the legal provisions, relevant judicial interpretations and industry regulations of general arbitration process evidence are listed and summarized. Through the retrieval of this book, we can get some answers by further inquiring about the specific laws and regulations and the norms of specific disputes. With a certain understanding, consulting others or lawyers will get twice the result with half the effort. The all-in-one evidence law really makes it a simple matter to provide evidence and query evidence. It helps witnesses to realize their self-assertion, and they are no longer helpless when they encounter disputes, but look for ways and means through retrieval.
Reflections on the All-in-One Search of Evidence Law (Part III): Is it no longer difficult to learn evidence law well?
Students who believe in law obviously find it difficult to learn evidence law, especially to grasp the connection and difference of evidence rules in different litigation fields. Professor Zhang Weiping's textbook "Civil Evidence Law" once pointed out that the rules of evidence in the fields of civil, criminal and administrative litigation are not only closely related, but also significantly different. It has always been the goal of some procedural law scholars to unify the evidence law in three litigation fields like the American federal evidence rules, but it is quite difficult under the existing legislative style in China. On the one hand, it highlights the necessity of comparative study among the three major evidence laws, on the other hand, it also reflects the phenomenon of joint revision of the three laws. The concepts and basic theories of evidential ability, probative force, electronic data, judicial expertise, burden of proof and standard of proof in the three major evidence laws are the same, but there are significant differences between them in the evaluation of probative force, the beginning of identification, the distribution of burden of proof and the level of standard of proof.
The remarkable feature of this book is that it lays a solid foundation for associative learning, comparative learning, systematic learning and thematic learning of evidence law through the orderly compilation of legal norms. There are many textbooks on criminal evidence law and civil evidence law in the market, but few of them are integrated. When studying evidence law, it is easy to apply the rules of civil evidence to the analysis of criminal cases, or to apply the rules of criminal evidence to the analysis of civil cases. There are few textbooks of Administrative Evidence Law, and most of them are found in the textbooks of Administrative Procedure Law. There are a lot of evidence rules in the judicial interpretation of procedural law, including the evidence method and burden of proof also stipulated in the civil code. If the system grasps the legal norms of evidence, it is almost a big problem for every learner. The all-in-one machine of evidence law I bought before is only for civil and criminal purposes, which is of great help to my study. When studying the course of procedural law or the elective course of evidence law, it is easy to turn to the article I am looking for, and each section basically exhausts the articles corresponding to the knowledge points, which is more comprehensive and useful than many textbooks on the market. When I got the new book, I was glad to find that it was more comprehensive in arrangement and content.
In syllogism, the "eyes flowing back and forth" between facts and law cannot be separated from the rules of evidence, so we should attach importance to the law of evidence in theoretical research. Today's case analysis should not only answer the theory, but also be familiar with the law, so our practical analysis also needs evidence law. As a little fan of Mr. Zhang Weiping, let's show up and punch in. Let's study together! ! !
Reflections on the All-in-One Search Machine for Evidence Law (Part I) (IV): The Collection of Junior Lawyers and China's "Evidence Law"-All-in-One Search Machine for Evidence Law.
Anyone who has passed the law exam knows how complicated the law is. Laws that distinguish different departments are the primary basis for lawyers. When a lawyer takes over a case, he first needs to know the case and then collect evidence. According to the case, formulate litigation strategy and screen evidence according to the strategy. A key evidence can determine the final direction of a case, and a set of evidence chains can directly determine the life and death of a case. Evidence is very important.
Professor Zhang Weiping's new book "A Full Search of Evidence Law" is obviously a valuable book for legal persons.
As all jurists know, there is no special "evidence law" in China. The contents related to evidence are scattered in the three major procedural laws and judicial interpretations. Mastering these contents has become a headache: how to find the required contents from different laws and regulations. It is for this reason that Professor Zhang Weiping compiled the General Guide to Evidence Law Retrieval.
Is it necessary to have such a book with a developed network in modern society? The answer is yes. The requirements for the network are search ability and information discrimination ability.
Search ability is a necessary skill for everyone. Unfortunately, everyone's search power is different. Some content can be discovered by us, and some content can only be discovered by individuals.
Information discrimination is a further skill, and it also varies with individual differences. Some outdated content, we will choose to abandon it, but some people use it without thinking at all. It was really surprising to see a blogger quoted a judicial interpretation that had been abolished for a long time in Zhihu to analyze a case.
The encyclopedia of evidence law retrieval has just solved three difficult problems: numerous laws, source of cases, rapid information retrieval and information effectiveness.
The book is divided into three parts: civil, administrative and criminal.
In the structure of the article, every part mentions the order of evidence in procedural law, from foundation to special procedure. This structure is unusual, but what is unusual is the content. The author not only collects the relevant provisions in the procedural law, but also lists the civil code, consumer rights law, maritime law and other laws, relevant judicial interpretations, relevant judicial documents and relevant departmental rules under the same chapter.
At the beginning of each article, there is a reading guide written by the author, which explains and summarizes the whole article, refines the key points and prompts its similarities and differences in civil, criminal and administrative fields.
For example, in the introduction of the civil clause "legality of evidence", four aspects of legality are explained. Subsequent relevant provisions come from the Civil Code and the Consumer Rights Law, mainly focusing on all kinds of information that can be used as evidence. Finally, the author also prepared relevant cases to illustrate this part.
What is more telling than the case? Case study itself is a way to increase practical skills. From the relevant cases, we can deepen our understanding of the contents of the evidence, understand the thinking logic of the court's judgment, and lay the foundation for similar cases in practice in the future.
Lawyers who are familiar with the law know the litigation procedure like the back of their hands, what evidence to use, when to submit evidence, and the cross-examination procedure are deeply in their minds. Then when using this precious book, as long as there is a clear direction, you can easily retrieve and approve information.
Nowadays, with the popularization of artificial intelligence, a lot of evidence is no longer traditional written evidence, and electronic data has gradually become an important part of litigation evidence. For example, in a loan case, the WeChat chat records of both parties are one kind of electronic data. As long as you query the contents of relevant chapters, you can get the desired part.
At the moment of the epidemic, in order to meet the requirements of case trial in a special period, the introduction of online litigation rules is in line with the actual needs. This part of the content is included in this book, which reflects the information utility of this book.
In addition, the Civil Code and the Personal Information Protection Law, which came into effect on 202 1, were newly incorporated. The Legal Aid Law, which came into force in 2022.
At the same time, the author updated the revised contents to ensure the reference value and authoritative citation of his reference books. Novelty and completeness are its advantages.
In contrast, online query lacks a global view. When we use fixed keywords to search for relevant laws and regulations, we may ignore other keywords. If there are any omissions or deviations, we will apologize to the parties concerned. This is a problem that junior lawyers may encounter.
Searching for an all-in-one pass circumvents this drawback. In the part of legality of civil evidence, the consumer rights protection law is mentioned. If you use online search, you will miss this rule without thinking. This book is the gospel of junior lawyers.
Even in today's highly electronic society, lawyers are unlikely to rely entirely on online inquiry. Code books are always the best choice for desk books.
If you want to improve the use of evidence, a "Evidence Law Search" is a blue book and a good companion to improve your business level.
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