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Improvement Of The Proof Invalidity In Civil Litigation

Posted on:2011-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2166330338477870Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil Trial Reform in China from the late 1980s launched by logic of " stress the burden of proof– attach importance to an open trial and the court– reconsider the pretrial procedure ". The reform of burden of proof is the starting point and key, in its implementation the proof invalidity institution has impact which could not be ignored. proof Invalidity would fix evidence at earlier stages of litigation, and the evidence exceeding the time limit of presenting evidence will be excluded from the scope of investigation. When the evidence associated with truth missed the time limit, difficulty increase to the parties claiming the facts ,and the judge who want to reveal the facts of the case have more to rely on the burden of proof to make judgments, which is bound to cause damage on the real justice. Therefore, improving the proof invalidity institution plays an important role in relieving the harm it have to the justice of substance, pursuing balance among various values of litigation, then in smoothly pushing forward China's reform of the civil trial process.The enactment of the "Several Provisions on Civil Evidence" in April 1, 2002 have been proposed to realize good wishes, including to overcome the defects of"evidence at any time doctrine", to maintain procedure fairness, to improve litigation efficiency, and to promote sound pre-trial proceedings and even the civil trial reform process. however, judicial practice has missed the legislative thinking. adopting the studying approaches of comparative analysis and combining theory with practice, this paper is going to analysis the reasons of the gap between legislation and administration of justice, and to perfect domestic system of proof invalidity of civil legislation.Full-text include introduction, six sections and the conclusion, about 50 000 words. Introduction explains significance and intention of the author's writing. The first part introduced the concept, basic content, history and legal significance for the establishment of proof invalidity of civil legislation; the second part carries out demonstration and analysis of the value of the theory from multi-perspective. Besides studying the influence which proof invalidity of civil legislation exert on the value of due process, of effective litigation, and of stability of the process, also in particular analyse the relationship between the relief of proof invalidity of civil legislation - new evidence and the various value; The third part studied the reasons for gap between legislation and administration of justice on the basis of sorting out legislative history and the current regulations, and probe into the root causes of the phenomenon with a unique perspective of legal culture; fourth part introduced and contrasted the provisions of two major legal systems, summarized superiority of overseas legislation on proof invalidity of civil legislation, and selected and demonstrated the blueprint using for reference for helping the improvement of our system embark along the most feasible way; the fifth part taking into account the advanced experience of foreign countries and the actual situation in China, with the purpose of balancing value, enhancing effectiveness and safeguarding the rights and interests of the parties, gave advice to reconstruct the civil proof invalidity institution, concerning the improvement and completion of time limit of adducing evidence, essential elements of the consequences of invalidity, and a relief system of overdue proof; the sixth part proposed protecting litigants before proof gets invalid. Conclusion stressed the importance of the system, and pointed out that in addition to building a comprehensive, well-functioning mechanism, the updating and replacement of national legal concept is more important .
Keywords/Search Tags:civil litigation, the proof invalidity institution, time limit of adducing proof, the consequence of overdue evidence
PDF Full Text Request
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