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

Posted on:2012-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2166330335969083Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Evidence of the core issue of litigation, its importance is self-evident. The fact that both parties can claim that the court must depend largely on the evidence in its possession, proof-losing-right and the evidence is protection of the clients obtained in the course of the trial evidence of a stable set of important means of protection of procedural fairness, stability, and efficiency prerequisite. Nineties of the last century, judicial reform, the courts are all proof-losing-right will introduce the efforts of our judicial practice, until the Supreme People's Court promulgated the "Provisions on Civil Evidence," proof-losing-right to really China can be established. However, as evidence of China's current loss of civil rights system is still very immature and difficult to resolve many complex issues of judicial practice, and because of proof-losing-right in China has just emerged, litigants of their lack of full understanding, the most pressing issues is amended as soon as possible, "Civil Law", will be incorporated into the system in which loss of the right evidence to establish its legal status, to change the traditional concept of litigation, so the general public and judicial system for evidence of loss of full understanding of the right to effective protection litigation value goal to protect the interests of the parties legal proceedings.This paper consists of four Parts, from the evidence the core values of proof-losing-right starting method by comparing the vision proof-losing-right given a detailed, multi-level analysis, the final proof-losing-right of construction and improvement of the system proposed drip recommendations. The first part of the Civil proof-losing-right, and discussed the proof-losing-right and its supporting systems related to the relationship between the proof-losing-right after the civil rights system on the value of the analysis, clear proof-losing-right for the civil positive significance. The second part of comparative law perspective, the United States, Germany, France, Invalidity of the evidence discussed the relevant legislation, the relevant legislation on the merits of different countries were compared. Partâ…¢of the implementation of our current system of proof-losing-right were analyzed, and the perspective of judicial practice, explained in detail related to our current system deficiencies. Partâ…£of the how to improve the proof-losing-right some suggestions.
Keywords/Search Tags:Civil litigation, Proof-losing-right, The time limit of inducing evidence, "Regulation on Evidence in Civil Lawsuit"
PDF Full Text Request
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