Disquisition Of The Proof-Losing-Right In Civil Lawsuit

With the further reform of the way of civil trail in China , the evidence legislation comes to make sense. With reference to "Regulations on Evidence in civil litigations" promulgated by the Highest People Court, the establishment of the proof-losing-right system in our country's civil lawsuit has become an inevitable choice which can perfect the pretrial procedure of Chinese civil litigation and fufill a fair lawsuit.The proof-losing-right system prevents either of parties from taking malicious legal proceedings, balances the rights of the accusation effectively, and realizes the justice of law. We can't deny that constrained by its limitations, the proof-losing-right "system can not solve all complicated problems occurring in the lawsuit. The author suggests that the proof-losing-right system be reformed and perfected, because it takes on such functions as realization of procedural justice, improvement of litigationefficiency, enhancement of principle of good faith. And we can achieve ourgoal of justice and lawsuit, and ensure that the lawful rights of the parties can be protected.