Perfecting The Time Limit System Of Inducing Evidence In Civil Produre

Being an important component of the evidence system, the time limit system of inducing evidence in civil procedure serves as an essential means of implementing the domestic system of burden of proof and time limit for concluding a trial as well as an important approach to realizing the value of efficient litigation and due process. Viewed as an initial establishment of the domestic system of time limit for inducing evidence in civil Procedure, "Several rules of the Supreme People's Court of the PRC on Evidence in Civil Procedure" still involves much deficiency and needs further improvement. This thesis first introduces the current situation and inside problems of our time limit system of inducing evidence in civil procedure and then reveals the hidden reason on the level of technology and models of thought. Next, proving first the necessity of improving the time limit system of inducing evidence in civil procedure in China, the thesis suggests that this system be perfected in the ways of practicing, improving theory , comparing and using for reference advanced experience. At last, it advances the conception of perfecting this system and then designs in detail its content.This thesis of over 46,000 words is divided into 5 parts.Part One aims to analyze the current situation and problems of the domestic system of time limit for inducing evidence in civil procedure. This thesis "Several Rules of the Supreme People's Court of the PRC on Evidence" as the initial establishment of the domestic time limit system of inducing evidence in civil procedure.As the low effect stratum of this judicial interpretation and its inside deficiencyhave led to a bit of puzzlement and confusion in practice, this thesis also holds that it deserves improving.Part Two is about the analysis of the reason for existing problems inside the domestic time limit system of inducing evidence in civil procedure .It reveals the hidden reason for the above problems from the point of technology and models of thought, which paves the way for perfecting the domestic time limit system of inducing evidence.Part Three analyzes profoundly the necessity of improving the above system .it stresses the practical necessity and significance of perfecting the above system from the points of realizing the value of efficiency, effect, and justice in litigation implementing the system of burden of proof and time limit for concluding a trial ,promoting the judicial reform and complying with the tendency of international civil procedure.Part Four puts forward the approach to perfecting the domestic time limit system of inducing evidence by the following means of:1 Ascertaining and seeking unity of concerning theory;2)comparing and using for reference advanced experience of foreign countries and 3)summarizing existing judicial experience.Part Five advances the conception of improving the domestic time limit system of inducing evidence. It holds that the above system be perfected through legislating activities and then figures out a series of exact institution for improving the above system. At the same time, it suggests that auxiliary institution be established to perfect the domestic time limit system of inducing evidence.