Study The Problem Of Proof Limitation In Civil Action Of Our Country

Proof Limitation is one of the focus issues in continental law system and in Anglo - American law system. There are no regulations about it from now on in proof limitation system of our country, which still in primary stage from judicial interpretations angle. Judicial reform still in chaos which centering on civil action from pass decade, that haven't build up theory foundation which suit for the Chinese situation of country. It is a rudiment of proof limitation as issue of "Some Provisions of the Supreme People's Court on Evidence in Civil Procedures", for implemental condition isn't mature and haven't concerning about real situation of our country, that lead to a lot of problems in the implement procedure. The essay, based on something about proof limitation system of civil action at present, study the problem and status quo in it. then find the balance base point between the efficiency increased of litigation and protection the rights in litigation, In addition, combining with the contemporary situation in China and the advanced experience of foreign countries, putting forward some recommendations to perfect it.The paper divides into 5 parts.Part One: the Generalization of the Proof Limitation in Civil Action.1.The conception of proof limitation2.The origin of proof limitation 3.Legislative situation of this system in Civil Action 4.Legislative situation of this system in judicial interpretation (1)Some provisions about proof limitation in "Some provisions concerning reform of economic justice in civil action" which enacted by the Supreme People's Court in 1998(2)Some provisions about proof limitation in "Some Problems Regarding the Implementation 'Civil Procedure Law of the People's Republic of China' " Some provisions concerning proof limitation in "Some Provisions of the Supreme Part Two: the Problems Existing in the proof limitation system of our Civil Action1. Study the problems existing in the proof limitation system from practical way2. Study the problems existing in the proof limitation system from theoretical way(1) Lack of the basics of law for court didn't setup to Cross-examining Evidence to evidence provided overdue(2) It needs to consider that will be charged with adverse consequences when provide the evidence overdue.Part Three: Analyzes the problem in proof limitation systemPart Four: Review and utilize something about proof limitation system of foreigncountriesPart Five: The thought concerning about proof limitation perfection(l)The value of proof limitation(2)The Countermeasures of proof limitation system...