Disquisition Of The Improvement Of Proof-losing-right In Our Civil Lawsuit

Evidence is the basis of the civil procedural law. It is not only the reason of the judgment, but also the focus of the trial. Being the emphasis of the reform of pre-trial proceedings, proof-losing-right system gets much attention because it directly influences the validity of evidence. As one kind of the losing-right system, proof-losing-right is an important part of Civil Evidence System. Promulgated by the Supreme People Court in Dec.6, 2001, the "Regulation on Evidence in Civil Lawsuit" established the proof-losing-right system in civil lawsuit. The presentation of evidence changed from inducing at any moment to at limit time.Proof-losing-right system contributes to the improvement of litigation efficiency, realization of procedure stability, and enhancement of the principle of good faith. Academia welcomes the establishment of Proof-losing-right system. But their attention concentrates on how to stress time limitation of raising evidence. Little attention paid to the disadvantage of proof-losing-right system itself, and the influence on judge and the litigant's entity interest. In fact, proof-losing-right conflicted with the target of truth finding, and composed a potential threat to the realization of parties'right. Being founded in a short time, it faces bewilderment by combing theory with practice because of lack of supporting system.This article has six parts:In Chapter One, I defined the concept of proof-losing-right. Then discussed the contents of proof-losing-right system and pointed out its close relation with the proof limitation system.In Chapter Two, I described Procedural Justice Theory and demonstrated the legitimacy of proof-losing-right system from procedural grounds. The system has three functions, litigation efficiency, procedure stability and the principle of good faith.In Chapter Three, investigating the history of proof-losing-right system of our country, and reviewing the practice before the enactment of "Regulation on Evidence in Civil Lawsuit". Then discussed the necessity of prosecute proof-losing-right system.In Chapter Four, I indicated that the proof-losing-right system has intense with litigation justice. It's hard to realize the system's entity and procedural target completely. With the transversal comparing method, I find the reasons that cause the great difference between two law systems, making it to be useful experience for our country.In Chapter Five, I analyzed the proof-losing-right system in"Regulations on Evidence in Civil Litigations". It had great significance in civil procedure, but there were still some defects.In Chapter Six, I laid stress to formulating the relief mechanism for proof-losing-right and gave some suggestions to complete it. Based on it, I hope set a multilevel relief mechanism.