PROMOTING INNOVATION CULTURE FOR IMPROVING LEGAL SYSTEM THROUGH COMPARISON REGARDING EVIDENCE ASSESSMENT PRINCIPLES IN CIVIL PROCEDURAL LAW BETWEEN VIETNAM AND USA

Abstract

This paper analyzes the principles of evidence evaluation in Vietnamese civil procedure law based on the provisions of the 2015 Civil Procedure Code, focusing on the criteria of objectivity, comprehensiveness, and completeness in the examination and determination of the probative value of evidence. On that basis, this research compares the mechanism for evaluating evidence in the U.S.A civil procedure system, particularly the provisions of the Federal Rules of Evidence and the adversarial model. Through this comparison, the article clarifies the differences between the central actors in the evaluation process (the judge in the inquisitorial model and the jury in the adversarial model), the mechanisms for excluding evidence, the standard of proof, and the degree of distinction between the pre-trial and trial stages as the spirit of promoting innovation culture in Vietnam today. From this perspective, the article proposes some recommendations to improve Vietnam's civil procedure law in the direction of enhancing transparency in evaluation criteria, strengthening mechanisms for the exclusion of evidence, and reinforcing the adversarial process in determining the probative value of evidence.