The Proof Invalidity Institution

The proof invalidity institution has the obvious procedural value in civil procedure: protecting the equivalent status of parties by preventing the sudden attraction in the litigation and fulfilling the procedural fairness; encouraging parties to submit the proofs in the certain period in order to avoiding delay of litigation and fulfilling efficiency of litigation. In the meantime, proof invalidity also has adverse aspect: it denies the right of submitting proofs of parties, which results the bad effect in substantial justice. The Proof invalidity has natural faults because of lack of substantial value, which needs constructing the procedural protecting system and arriving at the effect of displaying advantage and avoid the disadvantage. issuing by the Supreme Court constructs the proof invalidity system of China. From then on, we transform from the submitting proofs anytime to the submitting proofs in certain time. But, the proof invalidity system of China has been in the dilemma in the practice. Because of rigid result of invalidity and lack of procedural protecting system, the proof invalidity system denies the substantial benefit of parties. So the judge always denies using proof invalidity, which makes regulation about proof invalidity can not fulfill its function. issuing by the Supreme Court in 2008 includes many contents about the time control of submitting proofs and new proofs. enhances the practicing of proof invalidity, enlarges the range of new proofs, and displays the proof invalidity's tolerant trend. But changes in is small, proof invalidity still has a long way to go.This essay has four chapters.The first chapter introduces the main content of proof invalidity. Summarize the notion, history and value of proof invalidity. Point out the natural faults of proof invalidity and introduce some advices.The second chapter introduces proof invalidity of different countries, compare and contrast the proof invalidity of two legal systems.The third chapter introduces the proof invalidity in china. Summarize its history in China and analyze the current regulation.The fourth chapter analyzes the dilemma of proof invalidity in China, points out its reason, and gives some my own advices.