Dezert-Smarandache（DSm） theory, a new information fusion theory, is widely applied in image processing, multiple targets tracking identification, and other areas for its excellent processing ability of imperfect inf...Dezert-Smarandache（DSm） theory, a new information fusion theory, is widely applied in image processing, multiple targets tracking identification, and other areas for its excellent processing ability of imperfect information. However, earlier research on DSm theory mainly focused on one sort of questions. An evidence fusion procedure is proposed based on the hybrid DSm model to compensate for a lack of research on the entire information procedure of DSm theory. This paper analyzes the evidence fusion procedure, as well as correlative node input and output information. Key steps and detailed procedures of evidence fusion are also discussed. Finally, an experiment illustrates the efficiency of the proposed evidence fusion procedure.展开更多
The Supreme People’s Court classifies admission into two types-complete admission and restrictive admission-according to the degree and scope of admission.Article 7 of the newly-revised Provisions of the Supreme Peo...The Supreme People’s Court classifies admission into two types-complete admission and restrictive admission-according to the degree and scope of admission.Article 7 of the newly-revised Provisions of the Supreme People’s Court on Evidence in Civil Procedures provides clear rules for restrictive admission,which is divided into partial admission and conditional admission.In judicial practice,it is relatively easier to identify partial admission.However,the determination of conditional admission entails further considerations regarding whether there is a legal nexus between the attached condition and the admitted fact.Therefore,this study argues that there is a lack of unified rules regarding the applicability of restrictive admission in practice.Starting from the examples from the Supreme People’s Court,this study analyzed the application of conditional admission in judicial practice,as well as the problems and causes in the application of restrictive admission in practice.This article also explores the route to perfecting the rules of restrictive admission from the perspectives of its definition,classification,the onus probandi(burden of proof)and supporting mechanisms.展开更多
This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thr...This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including： the ＂Mirror of Evidence,＂ truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People＇s Court.展开更多
基金supported by the National Natural Science Foundation of China(61102168)the Military Innovation Foundation(X11QN106)
文摘Dezert-Smarandache（DSm） theory, a new information fusion theory, is widely applied in image processing, multiple targets tracking identification, and other areas for its excellent processing ability of imperfect information. However, earlier research on DSm theory mainly focused on one sort of questions. An evidence fusion procedure is proposed based on the hybrid DSm model to compensate for a lack of research on the entire information procedure of DSm theory. This paper analyzes the evidence fusion procedure, as well as correlative node input and output information. Key steps and detailed procedures of evidence fusion are also discussed. Finally, an experiment illustrates the efficiency of the proposed evidence fusion procedure.
文摘The Supreme People’s Court classifies admission into two types-complete admission and restrictive admission-according to the degree and scope of admission.Article 7 of the newly-revised Provisions of the Supreme People’s Court on Evidence in Civil Procedures provides clear rules for restrictive admission,which is divided into partial admission and conditional admission.In judicial practice,it is relatively easier to identify partial admission.However,the determination of conditional admission entails further considerations regarding whether there is a legal nexus between the attached condition and the admitted fact.Therefore,this study argues that there is a lack of unified rules regarding the applicability of restrictive admission in practice.Starting from the examples from the Supreme People’s Court,this study analyzed the application of conditional admission in judicial practice,as well as the problems and causes in the application of restrictive admission in practice.This article also explores the route to perfecting the rules of restrictive admission from the perspectives of its definition,classification,the onus probandi(burden of proof)and supporting mechanisms.
基金This article is funded by the Major Program of National Natural Science Foundation of China titled ＂Research on Models of Evidence Evaluation and Their Application Based on Management and Forensic Decisions＂ （Program NO. 71371188）. We thank Prof. David R. A. Caruso at University of Adelaide, Australia for his helpful comments on the article.
文摘This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including： the ＂Mirror of Evidence,＂ truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People＇s Court.
