On June 20, 2021, the Law School of Anhui University of Finance and Economics successfully held the International Symposium on the New Theoretical Development and Practice of Procedural Law. People attending the meeting were Professor Kusaku from Kyoto Sangyo University, Professor Machimura from Seikyo University, lawyer Matsuo Matsuo, partner of Umeda Law Firm in Osaka, and Professor Zhang Zixun from The University of the Ryukyu. Dr. Ji Yang of Dong Nan University, Judge Li Qing and Judge Ren Yixin of Bengbu Intermediate People's Court; Anhui Hongqi Law Firm director Shi Jing, Deputy director Xu Mingfeng lawyer; Lawyer Ma Bing, Lawyer Liu Yong, lawyer Xu Mingfeng of Anhui Wanhe Law Firm; Professor Zhang Weibin, Dean of Law School of Anhui University of Finance and Economics, Professor Gao Hai, Professor Jiang Huiyu, Professor Ge Xianyuan, Associate Professor Zhong Bo, Associate Professor Wang Shuwen, Dr. Qiao Yuxiang and some other teachers and some postgraduate students. The speech was translated by Associate Professor Wang Shuwen and Dr Qiao Yuxiang.
In his speech, President Zhang Weibin first of all extended warm welcome and sincere thanks to the experts and scholars present at the conference. President Zhang Weibin said in his speech: China and Japan are both countries of the civil law system, there are many same or similar systems designed in the litigation law. China's litigation law has made brilliant achievements in recent years, the research on the frontier issues of litigation law is increasingly in-depth. Chinese and Japanese scholars and practical experts should strengthen the contact, and create more exchanges on the basic theoretical issues and practical operation issues of litigation law, further promoting the development of litigation law in China and Japan.
The first unit of the conference was presided over by Associate Professor Wang Shuwen. First, Professor Kusagu gave a keynote speech on Overview of evidence Rules of Japanese Civil Procedure Law. Professor Kusagu shared the rules of evidence in the Japanese Civil Procedure law from two perspectives: basic structure and the comparision between civil procedure law and criminal procedure Law; In this paper, the author summarizes the structure of Japanese litigation from two aspects: no trial without complaint and principle of debate. Subsequently, Judge Li Qing made a speech titled Anomies and Regulations of the Judicial Application of the distribution of Proof Burden, starting from the historical origin of the burden of proof in China, and shared the difficulties and countermeasures of the distribution of the burden of proof in the judicial application in China. Finally, Professor Ge Xianyuan made a speech on the Distribution of burden of Proof in China's Administrative Public Interest Litigation. Through the analysis of the distribution principle of burden of proof in ordinary administrative litigation, he found that the inversion of burden of proof in ordinary administrative litigation is only the appearance, and in essence, it still follows the principle of who claims, who provides proof. Theoretically, the distribution of burden of proof in administrative public interest litigation is no exception. Accordingly, the litigants of administrative public interest litigation should bear the burden of proof for the facts directly generated by the lawsuit claim and the legality of the procuratorial suggestions before the lawsuit. If the defendant claims the legality of his failure to perform or fully comply with the prosecutorial recommendations, the burden of proof for that claim rests with the defendant. After the keynote speech, experts and scholars exchanged questions on the fruit of the poisonous tree theory and administrative public interest litigation.
The second unit of the conference was presided over by Professor Gao Hai, and lawyer Shi Jing gave a keynote speech on the Research on the Probative Value of Evidence. Lawyer Shi Jing discussed the value of single evidence and combined evidence in judicial practice from the practical point of view. Lawyers Ma Bing, Liu Yong and Xu Mingfeng made a speech on the Exclusion of Illegal Evidence in Criminal Proceedings, based on the understanding and application of the exclusion rules of illegal evidence in criminal proceedings, and based on the basic principle of the basis of trial is the fact, and the basis of ascertaining the fact is the evidence. In this paper, the exclusion of illegal evidence in criminal proceedings in China was elaborated in detail from six aspects: the principle of evidential judgment, the qualification and proving power of evidence, illegal evidence and defective evidence, the legal basis of the exclusion of illegal evidence, the legal situation of the exclusion of illegal evidence and the standard process of the exclusion of illegal evidence. Anhui University Law School PhD student Xu Junwei also shared insights on the evidence Rules . After the keynote speech, the participants discussed the source of illegal evidence, illegal evidence in the financial field, and the time and purpose of the exclusion of illegal evidence.
The third unit of the conference was presided over by Associate Professor Wang Shuwen, and Professor Machimura gave a keynote speech on the variation of evidence retrieval procedure in the IT process of trial procedure. This paper shared the development of evidence retrieval procedures in the IT process of Japanese trial procedures from the status quo, the latest trend of IT of Civil justice in Japan, the treatment of different evidence by IT of specific cases and IT of evidence law. Among them, the case of the patient's disability caused by medical accident and the patient's application for damages against the doctor is cited. The premise of the claim for damages is that the patient must prove the causal relationship between the doctor's negligence and the damage. For example, in order to prove the doctor's negligence, the patient retrieves the doctor's medical records, in particular the medical records and fluorographies, the prescribing records and witnesses who were relevant personnel, such as nurses, present during the treatment. Judge Ren yixin made the speech of the illegal evidence exclusion and the judicial authentication , from four perspectives: the determination and development of illegal evidence exclusion rule , the analysis of cases with application for illegal evidence exclusion , the situation of application for illegal evidence exclusion in C bribery case and City B,A province in recent years, expounding the illegal evidence exclusion and judicial cognizance. Dr. Ji Yang made a speech titled Some Rules for the Exclusion of Illegal Evidence, analyzed the status quo and dilemma of the exclusion of illegal evidence in China's judicial practice, and put forward the question of how to go out the language of evidence law with Chinese characteristics for participants to discuss. Associate Professor Zhong Bo shared the development process and achievements of China's smart court construction, and commented on the mode and path selection of China's smart court construction. At the same time, the advanced experience of electronic evidence collection and processing in China's Internet court is shared, and the legal problems (such as electronic signature) in the construction of smart court are put forward. Finally, professor Zong hoped that researchers in China and Japan could draw theoretical nutrients from specific judicial practices, share and advance together, and make it clear that the future research direction of evidence law would be to study evidence in combination with other disciplines, emphasizing that the process of proof would be fertile ground for future research of evidence law.
The fourth unit of the conference was presided over by Associate Professor Wang Shuwen, and lawyer Matsuo gave a keynote speech on the evidence retrieval procedure and its application in Japanese Civil Litigation. This paper expounds the evidence retrieval procedure and its application in Japanese civil litigation from three aspects: summary and practice of Japanese Civil Litigation , dispute, and evidence investigation and information collection system in evidence retrieval procedure. The information collection system in Japan is also discussed in depth in terms of confirmation of parties, punishment of evidence collection before prosecution, evidence preservation and confirmation by the bar association. Dr. Chen Yifei exchanged the existing research results with Matsuwei lawyer on the establishment of parties in the information collection system; Lawyer Ma Bing communicated with lawyer Matsuo on the determination of the amount of compensation for medical damage. Matsuo also shared the experience of Japanese lawyers dealing with compensation for medical damages.
At the end of the meeting, Dean Zhang Weibin made a concluding speech. Professor Zhang Weibin proposed that this seminar started from the development of procedural law theory and judicial practice of China and Japan, and an in-depth discussion was made on the cutting-edge issues of the subject of procedural law. The participants got a lot of harvest, and sincere gratitude was expressed to all the participating experts. The forum came to a successful conclusion in warm applause.