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Evidence

2012

John J. Capowski

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Full-Text Articles in Law

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski Apr 2012

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski

John J. Capowski

No abstract provided.


China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski Dec 2011

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski

China’s People’s Supreme Court has stated its commitment to reform its judicial system, and the linchpin of the reform effort is the Uniform Provisions of Evidence, which are in the process of becoming China’s first procedural and evidentiary code. Incongruously, China, a civil law country, has modeled the Uniform Provisions upon the United States’ Federal Rules of Evidence and incorporated into the Uniform Provisions principles of United States’ criminal and civil procedure. The parallels between the Uniform Provisions and the Federal Rules of Evidence are striking and the adoption of F.R.E. language extraordinary.
After setting out the traits that distinguish …