Challenges and the Court’s Roles for Fact-Finding in Civil Cases

Abstract

 Under principle of Procedure Law. The pursuit of truth (Fact-Finding) is an important court role in both civil and criminal procedures. Challenges in civil cases by voluntary of the parties are the means of evidence examination agreed upon by the parties. In order to cause a loss or win, which causes terminate of disputes by conveniently, fast and fairness in accordance with the spirit of law. However, setting the terms of the parties in the challenge under Thai law is very independent. The parties may impose any condition between them as long as they are not contrary to the law and public order. In particular, the Decisory Oath challenge, which at present, many European countries have canceled the oathing challenge. Because the solicitation of the oath is against the principle of Fact-Finding, which is the court's role in the trial. Challenges that have no boundaries and the court cannot determine the boundaries. This could turn the court into a tool for the opponent who won the challenge instead. To prevent disadvantage in the case. The permission to challenge each other in court, the court should take a role in directing the challenge of the parties, including the issues of the case to making the challenge, conditions of the challenge and the outcome of the challenge. This will allow the challenge to be able to achieve the objectives of the Civil Court to the supremely.

Keywords: Evidence Law; Challenges; Civil Procedure Law