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Research On The System Of Time Limit In Civil Providing Evidence

Posted on:2006-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:C X JiaoFull Text:PDF
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The system of time limit in providing evidence originated from the system ofloss of right of providing evidence in western countries, China's Civil Procedure Lawgave no items involving this system,evidence can be brought forward at any time. InDec.1, 2001, the Supreme People's Court issued for enforcement Provisions on CivilProcedure Evidence. The system of time limit in providing evidence was validatedformally. The establishment of this system has been great helpful to realize justice onprocedure, to raise the litigating efficiency, to maintain the stability of the procedure,to strengthen the credit principle and improve the litigation system.However,during more than three years' practice in civil procedure, functions oftime limit in providing evidence are not obvious. The reasons may be as follows:firstly, the regulation itself isn't elaborate and even has some leaks, which bringsconfusions and puzzles before the administrating sectors in the practicable work. Andthese problems have not only prevented this system from being into effect butimpacted upon the centralization of the courts when they are carried out. Secondly,the regulation is the judicial interpretation by the Supreme People's Court. Theestablishment of such a system goes against the relevant regulations in CivilProcedural Law, which makes its legitimacy doubtful and hinders its being carried out.Thirdly, the items of the system aren't coordinated with other systems or laws, as aresult, unfair judgments happen sometimes.This thesis discriminates the concept of time limit in providing evidence andpoints out the defects of it. At the same time, this thesis analyses the value of thesystem. Moreover, the author focuses on the exploration about the problems oneselfmet with when tried to use it in her work and investigation. Lastly, the author statesher viewpoints and suggestions on how to bring the system into effect. Even thoughthe viewpoints and suggestions stay far from profound ones, as a judicial officialengaged in the civil case judgment work, she has made great effort and exploration tocarry out and perfect laws.
Keywords/Search Tags:time limit in providing evidence, justice on procedure, loss of right of providing evidence, new evidence
PDF Full Text Request
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