Studay The System Of Time Limit In Civil Action Of Our Country

The system of time limit is the important constituent presents in the evidentialburden system,is in the civil trial program important content.it is carries out ourcountry civil to present evidential burden system and limits the system essentialconstituent,also it is realizes the procedure fairly and enhance the judicial benefit.In2001Supreme People’s Court of china published a series of regulations of evidence incivil procedure regulate the system of time limit by the judicial interpretation it is amilestone in our civil procedure.In2008the Supreme People’s Court of chinapublished another regulation of the time limit system of providing evidence,made thissystem further perfection.Although this system to promoted our country judicialreform further to turn towards fair and the highly effective direction develops hasprovided the advantageous legal safeguard,but this system manifested the procedurejust and enhanced the lawsuit efficiency the value idea,had the conflict justly in thejudicial practice with the realization case entity, affected the system of time limit bythe judicial interpretation it is a milestone in our civil procedure.In2008the SupremePeople’s Court of china published another regulation of the system of time limit,madethis system further perfection.Although this system to promoted our country judicialreform further to turn towards fair and the highly effective direction develops hasprovided the advantageous legal safeguard,but this system manifested the procedurejust and enhanced the lawsuit efficiency the value idea,had the conflict justly in thejudicial practice with the realization case entity, the system of time limit could displayunique function, and it needs to be improved.This thesis started from the basis of thesystem to brief the concept,the nature and the type of the system of time limit,anddescribe the value orientation of the system.And then summarized and reviewed thecurrent system,analyzed the problmes and the relative reasons while executing thesystem referring to my research of the history and the development of the system andreviewed the System furthermore.Finally,Provided detailed constructing suggestionsform Proving the System after analyzing the fundament of establishing the system.The first part analyzed the essential issues of the system of time limit.Includesthe concept of the system of time limit,the nature of the system of time limit,the type the system of time limit.Through to presents with to present evidence theresponsibility system the difference as well as the system of time limit analysis furtherto understand the implication of the time limit system of providing evidence.The second part analyzed the legal basis to establish the system of time limit, thispart puts this system into the overall system of the civil proceedings for analyzing itand explains the vale basis of its existence and further analyzed the value goal aboutthe system of time limit.The third part analyzed the establishment the basic content as well as theexistence question of the system of time limit.First, this part includes four aspects thedetermination ways of the system of time limit, the system of time limit and EvidenceExchange, the system of time limit and the losing right of evidence,the defection ofthe “New Evidence”and analyzed the two determination ways of the time limitsystem of providing evidence,the relationship between evidence exchange anddiscovery evidence the time limit and the evidence exchange,the legal consequence ofproof losing-right and the new evidence as the exception of the losing right ofevidence.Next,analyzed the question about the system of time limit,simultaneouslyhas also analyzed the existence question reason:Presents the system of time limit andthe entity has the conflict fairly,the idea “the heavy body,the light procedure”influenced,leads to limited its function.The last part,perfect this system is on the basis of the above analyses,pointed outperfect this system needs consider the factor of the system of time limit and promotesome reform suggestions.the beneficial nutrient of our country’s judicial practice andoff-shore lawmaking should be absorbed.Out of standardization of law itself we putforward some ideas to further consummates our country’s system of time limit.